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What is the punishment for spreading fake news?

22-Aug-2026
Criminal

Answer By law4u team

There is no single offence called "spreading fake news" under Indian law. Whether it is a criminal offence depends on the nature of the false information, the intention behind it, and the harm caused. Depending on the facts, spreading fake news may attract offences under the Bharatiya Nyaya Sanhita, 2023 (BNS), such as: Promoting enmity between different groups. Statements or rumours likely to disturb public peace. Defamation. Public mischief. Criminal intimidation, if threats are involved. Cheating, if the false information is used to deceive people for financial or other unlawful gain. If fake news is published online, other applicable provisions of the Information Technology Act, 2000 and relevant intermediary rules may also apply, depending on the circumstances. The punishment depends on the specific offence committed and may include: Imprisonment. Fine. Both imprisonment and fine. The punishment may be more severe if the fake news: Causes public disorder or violence. Incites communal or religious hatred. Creates panic during emergencies or disasters. Damages a person's reputation. Results in financial fraud or public harm. Threatens national security. Before forwarding or publishing any information, a person should: Verify the information from reliable sources. Avoid sharing unverified messages, videos, or images. Check whether the content has been manipulated or taken out of context. A person affected by fake news can: Report the matter to the nearest police station or Cyber Police Station, if the content was shared online. Report the content to the relevant social media platform. Seek appropriate civil or criminal remedies, depending on the nature of the harm caused. Whether a person is criminally liable depends on the facts of the case. Honest sharing of inaccurate information without criminal intent may be treated differently from deliberately creating or circulating false information to deceive, incite violence, defame someone, or cause public harm.

Answer By Abhishek Chauhan

In India, there is no single punishment for “fake news.” It depends on what the false information causes. BNS Section 353: false information/rumours causing public fear, disorder or communal hatred — up to 3 years’ imprisonment, fine, or both. BNS Section 197: false/misleading information jeopardising India’s sovereignty, unity or security — up to 3 years, fine, or both. If it amounts to defamation, cheating, forgery, impersonation, etc., additional offences and punishments can apply. So, simply sharing something false isn't automatically punishable in every situation; intent, content and its impact matter.

Answer By Anik

Dear Client, India has no single offence called “fake news.” Liability depends on the nature and consequences of the false information. For example, false statements causing public alarm or promoting enmity may attract provisions of the Bharatiya Nyaya Sanhita, 2023. Defamatory statements may also result in criminal or civil liability. The punishment therefore depends on the specific offence committed and the facts of each case. Thank you for contacting us. If you have any further queries, kindly do not hesitate to contact us again. Thank you!

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