Section 505 IPC: Statements conducing to public mischief
Indian Penal Code, 1860
Section 505 IPC at a Glance
Section 505 IPC deals with statements conducing to public mischief. It is non-bailable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 353 BNS.
Imprisonment for up to three years under the first two sub-sections, and for up to five years under the third sub-section.
Section 505 IPC Bare Act Text
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.
Source: Section 505, Indian Penal Code, 1860
Section 505 IPC in Simple Words
Section 505 of the Indian Penal Code (IPC) punishes statements conducing to public mischief. The first sub-section punishes making, publishing or circulating any statement, rumour or report with intent to cause mutiny by armed forces personnel, fear or alarm to the public whereby an offence against the State or public tranquility may be committed, or incitement to commit an offence against another class.
The second sub-section punishes statements promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste or community. The third sub-section punishes the second sub-section offence more severely when committed in a place of worship or religious assembly.
Ingredients of Section 505 IPC
- 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
Punishment Under Section 505 IPC
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.
The First Schedule gives this section three entries. All are non-bailable and triable by any Magistrate, but only the offences under the second and third sub-sections are cognizable.
- Cognizable: Non-cognizable under the first sub-section; cognizable under the second and third sub-sections
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.
Example of Section 505 IPC
When Section 505 IPC Does Not Apply
- The person had reasonable grounds to believe that the statement, rumour, or report was true and made, published, or circulated it in good faith without any prohibited intent under the statutory Exception.
- The statement, rumour, or report was neither intended nor likely to cause mutiny in the armed forces, public alarm inducing an offence against the State or public tranquility, incitement of one class against another, or enmity between groups.
- The accused did not make, publish, or circulate the statement, rumour, or report in question.
Section 505 IPC in the BNS
Section 505 IPC is now covered under Section 353 BNS.
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.
View detailed comparison (IPC 505 vs BNS 353) →FAQs on Section 505 IPC
What does Section 505 IPC punish?▼
It punishes making, publishing or circulating statements, rumours or reports conducing to public mischief, including mutiny by armed forces, alarm inducing offences against the State or public peace, and promotion of enmity between classes.
What is the punishment under Section 505 IPC?▼
Imprisonment for a term which may extend to three years, or with fine, or with both, under the first two sub-sections. Committing the offence in a place of worship or religious assembly raises the punishment to imprisonment up to five years, and liability to fine.
What protection is provided by the Exception to Section 505 IPC?▼
A person does not commit an offence if he had reasonable grounds for believing the statement, rumour or report to be true, and made, published or circulated it in good faith and without any prohibited intent.
Is Section 505 IPC cognizable and bailable?▼
The offence is non-bailable across all parts. It is non-cognizable under the first sub-section, but cognizable under the second and third sub-sections. Any Magistrate may try it.
Can an offence under Section 505 IPC be compounded?▼
No. Section 505 IPC is not listed in Section 320 CrPC, so it cannot be compounded.
Where is Section 505 IPC placed in the Bharatiya Nyaya Sanhita?▼
It is placed in Section 353 BNS, which adds false information and circulation through electronic means while maintaining the same punishments.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·