Bharatiya Nyaya Sanhita, 2023 · Section 353

BNS 353: earlier IPC 505

Section 353 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 505 of the Indian Penal Code, 1860. BNS 353 deals with statements conducing to public mischief. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 353 was IPC 505.

Statements conducing to public mischief.

Carried over
92% of the old wording kept
Old · IPC 1860 · Ch. XXII
s. 505
Statements conducing to public mischief
2[(1)] Whoever makes, publishes or circulates any statement, rumour or report,—
(a) with intent to cause, or which is likely to cause, any officer, soldier, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[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 tranquility; 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 6[three years], or with fine, or with both.
7[(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news 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) Offence under sub-section (2) committed in place of worship, etc.—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, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 2[in good faith and] without any such intent as aforesaid.]
Text from the official India Code PDF
New · BNS 2023 · Ch. XIX
s. 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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 505
False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace.
CognizableNon-cognizable
BailableNon-bailable
PunishmentImprisonment for 3 years, or fine, or both.
Triable byAny Magistrate.
False statement, rumour, etc., with intent to create enmity, hatred or ill- will between different classes.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for 3 years, or fine, or both.
Triable byAny Magistrate.
False statement, rumour, etc., made in place of worship, etc., with intent to create enmity, hatred or ill-will.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for 5 years and fine.
Triable byAny Magistrate.
For an offence under the BNS, check the First Schedule of the BNSS.

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