BNS Section 356: Defamation
Section 356 of BNS is part of chapter CHAPTER 19 OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. of Bharatiya Sanhitha Act of 2023 pertains to the offense of defamation and is designed to protect an individual’s reputation from being harmed through false or malicious statements. This provision criminalises any act of publishing or communicating false information that damages a person's reputation in the eyes of others.
Definition of BNS Section 356
Section 356 of BNS 2023 States:
(1) Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Exception 1.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
Exception 2.—It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further
Exception 3.—It is not defamation to express in good faith any opinion whatsoever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further
Exception 4.––It is not defamation to publish a substantially true report of the proceedings of a Court, or of the result of any such proceedings
Exception 5.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further
Exception 6.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further
Exception 7.—It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates
Exception 8.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation
Exception 9.— It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
Exception 10.— It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
(2) Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both, or with community service.
(3) Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
(4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Explanation and Illustration of Section 356 (Bharatiya Nyaya Sanhita, 2023)
Section 356 holds dignity and respect to be the bedrock of society. It tries to maintain the delicate balance between the freedom of speech and the necessity of preventing abuse that would have an adverse effect on another's standing, reiterating the notion that reputation is a fundamental right that requires legal protection. Here is an elaborate explanation:
Explanations:
It is defamation to make imputations concerning a dead person if such imputations would have prejudiced their credit when living and are intended to wound the feelings of their relatives or next of kin
Defamation includes imputations made against a company, association or body of persons as a body
An imputation made ironically or as a matter of course may be held to be defamation
A statement is held to be defamatory if it tends to lower a person's moral, intellectual, caste, professional, or credit standing in the estimation of others or to create an impression that the person's body is in a state of disgraceful or loathsome condition.
Illustrations:
A says, 'Z is honest; he never stole B's watch,' but by saying this, A is actually implying that Z did steal the watch. This could be considered defamation, unless there's a valid reason for saying it.
If A points to Z when asked who stole B's watch, suggesting Z is guilty, this could also be defamation unless there's an exception.
If A draws a picture showing Z stealing B's watch to make people believe Z is guilty, it could be defamation too, unless there's an exception.
However, it would not be defamation if A expresses his honest opinion on Z's action in some public situation. For instance, A can express opinions on Z's participation in a public petition, meeting, or voting for a candidate as long as A is doing it in good faith.
Some people are allowed to criticize others in some situations as long as it's done honestly and in good faith. These people include:
A judge criticising a witness or court officer
A department head criticizing someone under their supervision
A parent criticizing a child in front of others
A teacher criticizing a student in front of other students
A boss criticizing a worker for bad performance
A bank manager criticizing the cashier in front of others
For example, if A says, 'I think Z's evidence in court is so contradictory that he must be stupid or dishonest,' A is within the rules as long as A is just giving an opinion about Z's actions in the trial, not about Z as a person outside of that context.
But if A says, 'I do not believe Z's testimony because I know that he is a liar,' then A is not within the exception because this opinion concerns Z's character, not what he did in this trial.
If A, a shopkeeper, says to B, 'Don't sell to Z unless he pays in cash because I don't trust him,' A is permitted to say this if it's done to protect A's business, provided that it's done in good faith.
If A is a magistrate and he makes a report to some higher authority where he criticizes the character of Z, such a thing is permissible if the criticism is made in good faith for public good.
If one publishes a book, speech, or performance before the public, he exposes it to public criticism. If A publishes, 'Z's book is silly; he must be a weak man,' A may well say this, if the judgment is based only on Z's book, but upon no other evidence of Z's character.
But if A says, 'Z's book is foolish and indecent because he's a weak man and a libertine,' A isn't allowed to say this because it's based on an opinion about Z's character, not the book itself.
Key Points in BNS Section 356
Section 356 aims to uphold dignity and respect in society, at the same time, balancing freedom of speech and not using the same speech so as not to harm anyone's reputation; affirming reputation is a basic right that has to be given some legal protection. Here are the key points:
- Right to Fair Hearing: It is the right of an accused to be heard during the trial sessions; the accused shall be given an opportunity to raise their defense.
- Legal Representation: This section also provides the right of the accused to be represented by a legal practitioner of choice.
- Fair Procedure: This section again has been added to make a stipulation that the court shall adopt fair, just, and transparent procedures during hearings.
- Notice of Accusation: The accused should be given notice of the charges and sufficient time to prepare a defense for himself or herself.
- Evidence Examination: The defendant has the right to question any witnesses and contradict other evidence produced by the prosecution.
- Judicial Discretion: In this regard, the court always preserves its discretion, regulating the course of proceedings and granting to a defendant reasonable time to prepare and present his or her defense without causing undue delay.
- Protection Against Coercion: The section safeguards the rights of the accused from coercion or forced confessions, which goes hand in hand with principles of justice and fairness.
- Equal Treatment: It ensures that the accused are treated equally, without any discrimination on the basis of caste, creed, religion, or gender.
Differences Between Section 356 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 356 and its equivalent Indian penal code IPC section 499, 500, 501 and 502 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 356 (1) | Defamation. | 499 | IPC Section is included as a sub section. |
| 356 (2) | Defamation punishment. | 500 | IPC section is included as a sub-section in BNS sans heading. 'or with community service' is added as an alternate punishment. |
| 356 (3) | Printing or engraving matter known to be defamatory. | 501 | IPC Section is included as a sub-section in BNS sans heading. |
| 356(4) | Sale of printed or engraved substance containing defamatory matter. | 502. | Ditto |
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FAQs about Section 356 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 356 of the BNSS Act?
BNS Section 356 It defines defamation and outlines exceptions where certain statements are not considered defamatory.
What is the punishment for defamation in BNS?
Punishable by up to 2 years imprisonment, fine, or both, with possible community service.
What constitutes defamation under Section 356 of BNS?
Defamation occurs when someone publishes or makes an imputation about a person, intending to harm their reputation or knowing it will do so.
Are there any exceptions to defamation in BNS?
Yes, exceptions include statements made in good faith about public servants, court proceedings, or for public good.
What happens if someone knowingly publishes defamatory content?
They can be punished with up to 2 years imprisonment, a fine, or both.
Can a person be defamed through actions other than words?
Yes, defamation can occur through signs or visible representations, not just words.
What if someone makes a truthful statement that harms another’s reputation?
It is not defamation if the imputation is true and made for the public good, as long as it's proven to be for public benefit.
