Code: Section 352 BNS
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.
Explanation of Section 352 BNS
Section 352 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of intentional insult that is likely to provoke a breach of peace or lead to the commission of another offense. The purpose of this section is to prevent actions that may not directly involve violence but could incite individuals to act aggressively, causing public disorder or harm.
Key Elements of Section 352:
- Intentional Insult: The act must be done knowingly to insult or provoke someone.
- Provocation: The insult must have the potential to incite the person to break the peace or commit another offense.
- Punishment: The offender may face imprisonment for up to two years, a fine, or both, depending on the severity of the provocation.
Illustration
Example 1: Verbal Insult Leading to Public Disturbance
A person loudly abuses another at a crowded marketplace with the intention of provoking a fight. The insult could lead to public disorder, making it punishable under Section 352.
Example 2: Insult in a Personal Dispute Escalating to Violence
In an argument, an individual deliberately insults another, fully aware that the insult might escalate into a physical altercation. If the situation escalates, the offender can be charged under this section.
Common Questions and Answers on Section 352 BNS
1. What is considered an “intentional insult” under Section 352?
- Answer: An intentional insult involves words, gestures, or actions made deliberately to offend, provoke, or demean someone, particularly if it could incite them to breach the peace.
2. Does the insult need to cause actual violence for Section 352 to apply?
- Answer: No, actual violence is not required. The section applies even if the insult does not lead to physical violence, as long as it is likely to provoke such an outcome.
3. What punishment can someone face under Section 352?
- Answer: The punishment includes imprisonment for up to two years, a fine, or both, depending on the circumstances of the case.
4. Can this section apply to online insults or cyberbullying?
- Answer: Yes, Section 352 can apply to online platforms if the insult is intentional and likely to provoke a breach of peace.
Conclusion
Section 352 of the Bharatiya Nyaya Sanhita (BNS) plays a vital role in maintaining public order by addressing intentional insults that have the potential to provoke violence or public disturbances. It ensures that individuals are held accountable for words or actions that could lead to conflicts in society.
