Code: Section 353 BNS
(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.
Explanation of Section 353 BNS
Section 353 of the Bharatiya Nyaya Sanhita (BNS) aims to prevent the spread of false or provocative statements that could lead to public disorder, unrest, or communal tensions. The section is particularly relevant in the digital age, where the rapid dissemination of information through electronic means can have far-reaching consequences.
Key Provisions of Section 353:
- Prohibition of Provocative Statements: Applies to both verbal and electronic communications that could incite mutiny, public fear, or communal violence.
- Punishment: Imprisonment up to three years, a fine, or both. For offenses in places of worship or religious assemblies, the punishment can extend to five years of imprisonment with a fine.
- Exception Clause: Provides protection for individuals who act in good faith, with reasonable belief in the truth of their statements, without malicious intent.
Illustration
Example 1: Spreading Rumors About a Military Officer
A person spreads false information claiming that a military officer has committed an act of misconduct, intending to demoralize the armed forces. This act, if likely to cause mutiny or disregard of duty, falls under Section 353.
Example 2: Communal Provocation Through Social Media
A social media user posts inflammatory content that stirs communal hatred between two communities. Even if the post is shared with the intent of raising awareness but causes harm, the user can be charged under this section.
Example 3: False Statement in a Religious Assembly
An individual makes a false statement in a religious gathering intending to create division among different religious groups. This can attract a higher penalty under sub-section (3), with imprisonment up to five years.
Common Questions and Answers on Section 353 BNS
1. What kind of statements does Section 353 cover?
- Answer: It covers false information, rumors, or reports that can provoke mutiny, cause fear or alarm, or incite communal violence, whether spoken, written, or shared electronically.
2. Does this section apply to online statements or social media posts?
- Answer: Yes, Section 353 applies to statements made through electronic means, including social media, emails, or any digital platform.
3. What is the punishment for violating Section 353?
- Answer: Offenders can face imprisonment for up to three years, a fine, or both. For offenses committed in religious assemblies, the punishment may extend to five years of imprisonment with a fine.
4. Is there any exception under Section 353?
- Answer: Yes, if the person has reasonable grounds to believe the statement is true and acts in good faith without malicious intent, it is not considered an offense under this section.
Conclusion
Section 353 of the Bharatiya Nyaya Sanhita (BNS) serves as a safeguard against the spread of false, provocative, or communal statements that could disrupt public peace. It emphasizes the importance of responsible communication, especially in an era where misinformation can spread rapidly.
