Bharatiya Nyaya Sanhita, 2023
BNS Section 353
Statements conducing to public mischief
In one line
BNS Section 353 deals with statements conducing to public mischief and replaces IPC 505.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 353(1) | False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace. | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Non-bailable. | Any Magistrate. |
| 353(2) | False statement, rumour, etc., with intent to create enmity, hatred or ill-will between different classes. | Imprisonment for 3 years, or fine, or both. | Cognizable. | Non-bailable. | Any Magistrate. |
| 353(3) | False statement, rumour, etc., made in place of worship, etc., with intent to create enmity, hatred or ill-will. | Imprisonment for 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 353
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.
What changed from the IPC
- IPC 505 → BNS 353: " false information" and "including through electronic means" are added.
Frequently asked
What was BNS Section 353 in the IPC?
BNS Section 353 (Statements conducing to public mischief) replaces Section 505 of the Indian Penal Code, 1860. IPC 505 is now BNS 353.
What is the punishment under BNS 353(1)?
False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace – punishable with imprisonment which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and non-bailable, triable by any Magistrate.
What is the punishment under BNS 353(2)?
False statement, rumour, etc., with intent to create enmity, hatred or ill-will between different classes – punishable with imprisonment which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
What is the punishment under BNS 353(3)?
False statement, rumour, etc., made in place of worship, etc., with intent to create enmity, hatred or ill-will – punishable with imprisonment which may extend to five years and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.
Is BNS 353 bailable?
Non-bailable: BNS 353(1), 353(2), 353(3). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 348 — Making or possession of any instrument for counterfeiting a property mark
- BNS 349 — Selling goods marked with a counterfeit property mark
- BNS 350 — Making a false mark upon any receptacle containing goods
- BNS 351 — Criminal intimidation
- BNS 352 — Intentional insult with intent to provoke breach of peace
- BNS 354 — Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
- BNS 355 — Misconduct in public by a drunken person
- BNS 356 — Defamation
- BNS 357 — Breach of contract to attend on and supply wants of helpless person
- BNS 358 — Repeal and savings