BNS Section 353 – Statements conducing to public mischief
The Indian Penal Code (IPC) Section – 505
Understanding Bharatiya Nyaya Sanhita (BNS) Section 353: Statements Causing Public Mischief
This law deals with spreading false statements, rumors, or reports that can cause harm to public order or create hatred between communities. Here’s a simple breakdown:
What is the Crime?
If a person:
- Makes, publishes, or circulates false statements, rumors, or reports (including through electronic means):
- To cause mutiny (rebellion) among armed forces,
- To spread fear or alarm among the public,
- To incite one community against another,
- Or to create enmity, hatred, or ill-will between different groups based on religion, race, caste, language, etc.,
they are committing a crime under this section.
Punishment: Up to 3 years in jail OR fine OR both.
If the crime is committed in a place of worship or during religious ceremonies, the punishment is stricter: up to 5 years in jail + fine.
Key Points in Simple Table
| Crime | Punishment | Police Action | Bail? | Trial Court |
|---|---|---|---|---|
| Spreading false statements to cause mutiny or public fear | Up to 3 years jail OR fine OR both | Non-cognizable | Non-bailable | Any Magistrate |
| Spreading false statements to create enmity between communities | Up to 3 years jail OR fine OR both | Cognizable | Non-bailable | Any Magistrate |
| Spreading false statements in a place of worship | Up to 5 years jail + fine | Cognizable | Non-bailable | Any Magistrate |
What Does “Public Mischief” Mean?
- False Statements: Lies, rumors, or misleading information.
- Intent to Harm: The person must intend to cause mutiny, public fear, or hatred between communities.
Exceptions
A person will not be punished if:
- They had reasonable grounds to believe the statement was true,
- They shared it in good faith (without bad intentions).
Examples of the Crime
- Example 1: Ramesh spreads a false rumor that soldiers are planning to rebel against the government. This can cause mutiny. He can face up to 3 years in jail or a fine or both.
- Example 2: Priya shares a fake message on social media to create hatred between Hindus and Muslims. She can be punished with up to 3 years in jail or a fine or both.
- Example 3: Vijay spreads false rumors during a religious gathering to create tension between two communities. He can face up to 5 years in jail + fine.
Why is This Law Important?
- False statements and rumors can disturb public peace, create panic, and divide communities.
- This law ensures that those who spread such harmful information are punished.
Conclusion
BNS Section 353 strictly punishes those who spread false statements, rumors, or reports to cause public mischief. The punishment can range from up to 3 years in jail (for general cases) to up to 5 years in jail (if done in a place of worship). Always verify information before sharing it and avoid spreading rumors to maintain public peace.
