What Is BNS Section 353?

Bharatiya Nyaya Sanhita, 2023 - Section 353: Statements Conducing to Public Mischief

(1) Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means—

(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or

(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

Exception.—It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, false information, rumour or report, has reasonable grounds for believing that such statement, false information, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.

Brief Detail

BNS Section 353 addresses the making, publishing, or circulating of false statements that lead to public mischief, establishing penalties for those who incite unrest or hatred through misinformation.

Question & Answers

Q1: What types of statements are covered under Section 353?

A1: Section 353 covers any statements, false information, rumours, or reports circulated with intent to incite mutiny, create public fear, or provoke enmity between communities.

Q2: What are the penalties for violating this section?

A2: The penalties for violating Section 353 can include imprisonment for up to three years, a fine, or both. If the offence occurs in a place of worship, the punishment may extend to five years.

Q3: Is there an exception to this section?

A3: Yes, if the individual making or circulating the statement had reasonable grounds to believe it was true and acted in good faith, it does not constitute an offence.

Q4: Can electronic means be used for making such statements?

A4: Yes, the section explicitly includes statements made through electronic means.

Example

If an individual spreads a false rumour online that causes panic among the public, claiming that a natural disaster is imminent, this could lead to a charge under Section 353.

Summary

Section 353 of the Bharatiya Nyaya Sanhita addresses the serious issue of false statements leading to public mischief, outlining clear penalties and exceptions to safeguard free expression while maintaining public order.