Section 352 BNS: Intentional insult with intent to provoke breach of peace
Bharatiya Nyaya Sanhita, 2023
Section 352 BNS at a Glance
Section 352 BNS deals with intentional insult with intent to provoke breach of peace. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 504 IPC on 1 July 2024.
Imprisonment of either description for up to two years.
Section 352 BNS Bare Act Text
352. Intentional insult with intent to provoke breach of the peace
Whoever intentionally insults in any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Source: Section 352, Bharatiya Nyaya Sanhita, 2023
Section 352 BNS in Simple Words
Section 352 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a situation where a person intentionally insults another, and does so with the aim of provoking that person to break the peace or commit some other offence. It is not every rude remark that falls under this section. The law looks for a deliberate insult and a clear intention behind it.
This provision can apply in daily disputes, workplace conflicts, neighbourhood quarrels, or public arguments. The key point is whether the words or conduct were used to provoke a reaction that could disturb public peace or lead to an offence. If the insult was accidental, careless, or made without such intent, this section may not apply.
In practice, this section is often used where abusive language, taunts, or humiliating remarks are made in a heated exchange. It helps police and courts deal with conduct that may trigger violence or escalation. At the same time, the prosecution must show intention, not just hurt feelings.
Ingredients of Section 352 BNS
- Intentionally insulting any person in any manner
- Giving provocation to that person thereby
- Intending or knowing it to be likely that the provocation will cause that person to break the public peace or commit any other offence
Punishment Under Section 352 BNS
Imprisonment of either description for up to two years.
Fine in place of imprisonment, or both. The section sets no limit.
Intentional insult with intent to provoke a breach of the peace is punishable with imprisonment of either description for up to two years, or fine, or both. The offence is non-cognizable, bailable, and triable by any Magistrate. It may be compounded without court permission by the person insulted.
Example of Section 352 BNS
When Section 352 BNS Does Not Apply
- The insult was not intentional
- The insult did not give provocation to the person insulted
- The accused neither intended nor knew it to be likely that the provocation would cause a breach of the public peace or the commission of an offence
Section 352 BNS in the IPC (Previous Law)
Section 352 BNS replaces Section 504 IPC from the old criminal code.
Section 504 IPC corresponds to Section 352 BNS. Section 352 BNS adds the phrase in any manner after intentionally insults. The punishment of imprisonment of either description up to two years, or fine, or both, is unchanged.
View IPC Section 504 →FAQs on Section 352 BNS
Is every abusive remark covered under Section 352 BNS?▼
No. The prosecution must prove that the insult was intentional and meant to provoke the other person. A mere quarrel, insult, or offensive comment is not enough unless the required intention is shown.
Can police register an FIR under Section 352 BNS?▼
Yes, but it is generally a non-cognizable offence. In practice, police may record the complaint and proceed as per law, often with court oversight where required.
Is Section 352 BNS bailable?▼
Yes, it is a bailable offence. The accused can usually seek bail as a matter of right, subject to the usual legal procedure.
What is the difference between hurt feelings and the offence under Section 352 BNS?▼
Hurt feelings alone do not make out this offence. The law focuses on whether the insult was deliberate and meant to provoke a breach of peace or another offence.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·