BNS Section 353: Statements Conducing to Public Mischief
Section 353 falls under Chapter 19 of the Bharatiya Nyay Sanhita (BNS). Chapter 19 covers offences such as criminal intimidation, insult, annoyance, defamation, etc. Each section under this chapter deals with different offences related to such crimes. Section 353 specifically deals with making statements to conduce mischief. Let us take a closer look at its provisions.
Definition of BNS Section 353
Section 353 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
(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. Intentional insult with intent to provoke breach of peace.
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.
Explanation and Illustration of BNS Section 353
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of making statements to conduce mischief. Let us break down the section to get a better understanding of it.
Offence
This section deals with persons making deliberate and often false statements with the intent to commit mischief, knowing well that such an act could evoke a violent or outrageous reaction. This section has been divided into three subsections with each subsection describing different types of such statements and the punishment that making such statements carries under the Indian law. Let us take a look at them one by one.
Subsection (1) defines offence in knowingly publishing and circulating any statement of false information, rumour, or report through any form of mass media with the intent of:
causing mutiny or disregard for duty within any officer, soldier, sailor or airman in the Army, Navy or Air Force of India.
causing fear or alarm amongst any section of the public which could in turn induce the common man to commit offences against any person or the state which he or she wouldn’t commit otherwise.
inciting communities or classes to commit offences against each other
Subsection (2) defines offence in knowingly publishing and circulating any statement of false information, rumour or alarming news through a any form of mass media with intent to create or promote hatred or ill will amongst the any section of the public on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever.
Subsection (3) defines offence as making any statement as described in sub-section (2) made at any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies.
Punishment
Any person found guilty of making false and inciting statements with the intent of causing unrest amongst any section of the public as described shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Any person guilty of making inciting statements to promote feelings of enmity, 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.
Any person found guilty of making inciting statements on religious grounds at a place of religious gathering shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Key Points in BNS Section 353
This section deals with: Statements conducing to public mischief
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 353 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 353 of BNS replaces Section 505 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 353 | Statements conducing to public mischief. | 505 | No changes in provision for offence. |
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FAQs about Section 353 of the Bharatiya Nyaya Sanhita (BNS)
What does Section 353 cover regarding public mischief?
Any person who intentionally makes any statement of false information or rumours with the intent to incite sections of the public shall be considered an offender under this section.
What are examples of statements that cause public mischief?
Making false statements to incite public unrest on grounds of religion, caste or language are some examples of such statements.
Is spreading false news punishable under this section?
Yes. Spreading false news is punishable with imprisonment under this section.
What are the penalties for causing public mischief through statements?
Any person found guilty under subsections (1) and (2) shall be punished with imprisonment which may extend to three years, or with fine, or with both. Persons found guilty under subsection (3) shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
How can authorities act against public mischief under this section?
Authorities can issue statements in public interest warning people against such statements being made only for mischief and that they should disregard such statements.
Are online posts included under statements causing public mischief?
Yes. Any kind of false and inciting statement through any medium of communication falls under this section.
What steps can citizens take to report such statements?
Any person aware of such activities must immediately inform the police authorities.
