Section 353 BNS: Statements conducing to public mischief

Bare Act Text

(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.

Explained in Simple Words

Key Ingredients

• 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

Punishment

🔒 Imprisonment for up to three years under the first two sub-sections, and for up to five years under the third sub-section.

💰 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.

Statements conducing to public mischief are punishable with imprisonment for up to three years, or fine, or both, and with imprisonment for up to five years and liability to fine when the second sub-section offence is committed in a place of worship or religious assembly. Every form is non-bailable, triable by any Magistrate, and not compoundable. Only the offences under the second and third sub-sections are cognizable.

Real-World Example

When This Does Not Apply

• The person had reasonable grounds for believing the statement, rumour or report to be true, and made, published or circulated it in good faith and without the prohibited intent
• The statement, rumour or report was neither intended to produce nor likely to cause any of the consequences specified in the section
• The person did not make, publish or circulate any statement, rumour or report

Bare Act Text

(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.

Explained in Simple Words

Key Ingredients

• Making, publishing or circulating a statement or report, including through electronic means
• The material contains false information, rumour or alarming news
• Intent to create or promote, or likelihood of creating or promoting, enmity, hatred or ill will
• The enmity, hatred or ill will is between different religious, racial, language or regional groups or castes or communities
• The promotion is on grounds of religion, race, place of birth, residence, language, caste, community or any other ground whatsoever

Punishment

🔒 Imprisonment which may extend to three years.

💰 The offender may be punished with fine alone, or with both imprisonment and fine.

Making, publishing, or circulating a statement or report containing false information, rumour, or alarming news with intent or likelihood to create or promote enmity, hatred, or ill will between different groups or communities is punishable with imprisonment for up to three years, or with fine, or with both.

Real-World Example

When This Does Not Apply

• A true report shared in good faith, with reasonable grounds for believing it to be true, and without such intent
• A statement that is not false information, rumour or alarming news
• A false statement that does not create or promote, and is not likely to create or promote, enmity, hatred or ill will between groups
• A private insult or quarrel aimed at one individual, without promoting hostility between religious, racial, language, regional, caste or community groups

Bare Act Text

(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.

Explained in Simple Words

Key Ingredients

• The person commits an offence under sub-section (2)
• The statement or report contains false information, rumour or alarming news
• It is made, published or circulated with intent, or likelihood, to create or promote enmity, hatred or ill will between groups or communities
• The act happens in a place of worship, or in an assembly engaged in religious worship or religious ceremonies

Punishment

🔒 Imprisonment which may extend to five years.

💰 Fine may be imposed in addition to imprisonment.

Committing an offence under Section 353(2) BNS in a place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies is punishable with imprisonment for up to five years, and the offender shall also be liable to fine.

Real-World Example

When This Does Not Apply

• A person shares a statement in good faith, with reasonable grounds to believe it is true, and without the prohibited intent
• A false statement is circulated outside a place of worship and outside any assembly engaged in religious worship or religious ceremonies
• A statement causes annoyance or argument, but does not create or promote enmity, hatred or ill will between different groups or communities
• The material is not false information, rumour or alarming news