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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter XIX: Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc.

Section 353 BNS: Statements conducing to public mischief

Corresponding IPC
Section 505 IPC
Punishment
(1) Imprisonment up to 3 years, or fine, or both; (2) imprisonment up to 3 years, or fine, or both; (3) in a place of worship or religious assembly: imprisonment up to 5 years, and fine
Note
Expressly covers electronic means; Section 505 restructured into three subsections.

Classification of offence

SectionCognizable?Bailable?Triable by
353(1)Non-cognizableNon-bailableAny Magistrate
353(2)CognizableNon-bailableAny Magistrate
353(3)CognizableNon-bailableAny Magistrate

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

(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 as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Under sub-section (1), whoever makes, publishes or circulates any statement, false information, rumour or report, including electronically, intending or likely to cause members of the Army, Navy or Air Force to mutiny or fail in duty; to cause fear or alarm to the public inducing offences against the State or public tranquillity; or to incite a class or community to commit an offence against another, is punished with imprisonment up to three years, or fine, or both. Under sub-section (2), doing so with false information, rumour or alarming news intending or likely to create or promote enmity, hatred or ill will between groups on grounds such as religion, race, place of birth, residence, language, caste or community carries the same punishment. Under sub-section (3), committing the sub-section (2) offence in a place of worship or assembly engaged in religious worship or ceremonies carries up to five years and fine. The Exception covers a person who has reasonable grounds to believe the statement true and acts in good faith without such intent.

Chapter XIX: Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc.

  1. 351 Criminal intimidation
  2. 352 Intentional insult with intent to provoke breach of peace
  3. 353 Statements conducing to public mischief
  4. 354 Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
  5. 355 Misconduct in public by a drunken person
  6. 356 Defamation
  7. 357 Breach of contract to attend on and supply wants of helpless person