BNS Section 352 – Intentional insult with intent to provoke breach of peace
The Indian Penal Code (IPC) Section – 504
Understanding Bharatiya Nyaya Sanhita (BNS) Section 352: Intentional Insult to Provoke Breach of Peace
This law deals with intentionally insulting someone to provoke them into breaking public peace or committing a crime. Here’s a simple breakdown:
What is the Crime?
If a person:
- Intentionally insults someone in any way (through words, actions, or gestures),
- With the intent or knowledge that the insult will provoke the person to:
- Break public peace (cause a disturbance),
- Or commit any other offence,
they are committing a crime under this section.
Punishment: Up to 2 years in jail OR fine OR both.
Key Points in Simple Table
| Crime | Punishment | Police Action | Bail? | Trial Court |
|---|---|---|---|---|
| Intentional insult to provoke breach of peace | Up to 2 years jail OR fine OR both | Non-cognizable | Bailable | Any Magistrate |
What Does “Intentional Insult” Mean?
- Insult: Words, actions, or gestures meant to offend or humiliate someone.
- Intent to Provoke: The person must intend or know that their insult will provoke the other person to disturb public peace or commit a crime.
Example of the Crime
- Example: Vijay spreads a false rumor that Aslam, a Muslim, is selling beef. This provokes Rakesh and Amit to quarrel and disturb public peace. Vijay can be punished with up to 2 years in jail or a fine or both.
Why is This Law Important?
- Intentional insults can lead to fights, riots, or other disturbances in public peace.
- This law ensures that those who provoke others through insults are punished.
Important Points to Note
- Intent Matters: The insult must be intentional, and the person must know it will provoke a reaction.
- Public Peace: The insult must lead to a disturbance in public peace or provoke someone to commit a crime.
- Subjective Nature: What counts as an insult can vary depending on the situation and the people involved.
Conclusion
BNS Section 352 strictly punishes those who intentionally insult others to provoke them into breaking public peace or committing a crime. The punishment can be up to 2 years in jail, a fine, or both. Always avoid using insults or provocative language to maintain peace and avoid legal trouble.