IPC 505 to BNS 353: Statements conducing to public mischief
Section 505 IPC (1860) replaced by Section 353 BNS (2023)
IPC 505 to BNS 353 at a Glance
Section 505 IPC (Statements conducing to public mischief) is now Section 353 BNS, in force from 1 July 2024. Under the BNS it is non-bailable. What changed is set out below.
What Changed From IPC 505 to BNS 353?
Section 505 IPC corresponds to Section 353 BNS. The first two sub-sections add false information to what may be circulated, and add the words including through electronic means. The statutory Exception also refers to false information. The punishments remain unchanged.
IPC 505 vs BNS 353: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 505 | 353 |
| Offence | Statements conducing to public mischief | Same |
| Punishment | Imprisonment for up to three years under the first two sub-sections, and for up to five years under the third sub-section. | Same |
| Fine | Under the first two sub-sections, fine in place of imprisonment, or both. Under the third sub-section, the offender is also liable to fine. The section sets no limit. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 505 and BNS 353: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 505, IPC 1860
505. Statements conducing to public mischief.—(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, 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 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 three years, or with fine, or with both.
(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 in good faith and without any such intent as aforesaid.
BNS 2023 (in force)
Section 353, BNS 2023
(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.
Ingredients: IPC 505 vs BNS 353
Under IPC 505
- Making, publishing or circulating a statement, rumour or report
- Under the first sub-section, doing so with intent to cause, or being likely to cause, armed forces personnel to mutiny or fail in duty, fear or alarm inducing an offence against the State or public tranquility, or incitement of any class to commit an offence against another class
- Under the second sub-section, circulating a statement containing rumour or alarming news with intent to create or promote enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities
- Under the third sub-section, committing the second sub-section offence in a place of worship or in an assembly performing religious worship or ceremonies
Under BNS 353
- Making, publishing or circulating any statement, false information, rumour, or report, including through electronic means
- Having the intent or likelihood to cause mutiny, public alarm inducing offences against the State or public tranquility, or inter-class offences
- Promoting feelings of enmity, hatred or ill-will between different groups on grounds of religion, race, place of birth, residence, language, caste or community
What IPC 505 to BNS 353 Means for Pending Cases
For Section 505 IPC (now Section 353 BNS): under Section 353 BNS, the offence covers false information as well as statements, rumours and reports, including those made, published or circulated through electronic means.
FAQs: IPC 505 to BNS 353
What changed when Section 505 IPC became Section 353 BNS?▼
Section 353 BNS adds false information and the phrase including through electronic means across its provisions and the Exception, while keeping the same punishments.
Where does Section 505 IPC sit in the BNS?▼
In Section 353 BNS, in Chapter XIX, Of Criminal Intimidation, Insult, Annoyance, Defamation, etc.
Does Section 505 IPC or Section 353 BNS apply to an act done before 1 July 2024?▼
Section 505 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 505 IPC. Section 353 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·