356 BNS : Defamation.

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Introduction of 356 BNS

356 BNS defines the offense of defamation, covering any spoken, written, or visual statement that harms a person’s reputation. It replaces IPC Sections 499–502 and provides a detailed framework for addressing false statements, malicious publications, or defamatory gestures. The section also recognizes exceptions like truth for public good, fair criticism, and good-faith warnings. By balancing protection of reputation with freedom of speech, BNS 356 plays a crucial role in ensuring accountability in communication while safeguarding personal dignity.

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The Bharatiya Nyaya Sanhita (BNS) Section 356 replaces the old Indian Penal Code (IPC) Section 499,500,501,502.

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What is BNS Section 356 ?

Defamation under BNS Section 356 refers to:

• Any spoken or written words, signs, or visible representations published to harm a person’s reputation.
• Defamation can also apply to deceased persons, companies, or groups, provided it negatively impacts their reputation or hurts their close relations.

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BNS 356 in Simple Points

“Whoever, by spoken or written words, signs, or visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, shall be guilty of defamation. The offense is punishable with simple imprisonment which may extend to two years, or with fine, or with both. Printing, engraving, or selling defamatory material is subject to the same punishment. Certain exceptions apply where truth, public good, or good faith communications are not considered defamation.”

1. Meaning of Defamation

• Defamation → Damaging another person’s reputation in society through words, writings, gestures, or any visible act.
• Reputation → A person’s social standing, dignity, or respect in the eyes of others.
• Defamatory act → Must either be intentional or done with knowledge that it could cause harm.

Example: Publishing a false news article claiming a person is a fraud — punishable under BNS 356.

2. Who Can Be Defamed?

• A living person (individual reputation).
• A deceased person, if it hurts the feelings of their family or damages their memory.
• A company, association, or group of persons.

Example: Falsely accusing a company of selling adulterated food — defamation of an organization.

3. Essential Ingredient – Intention or Knowledge

For the offense of defamation:

• The statement must be published or communicated to others.
• The accused must intend to harm or know it is likely to harm reputation.

Example: A sarcastic statement like “He didn’t steal anything this time!” indirectly harms reputation → actionable defamation.

4. Exceptions to Defamation

Certain acts are not considered defamation if done in truth and good faith:

1. Truth for public good → Publishing facts about corruption of a public servant.
2. Criticism of public servants → Honest remarks about officials performing their duty.
3. Opinions on public questions → Fair comments on government policies or public debates.
4. Judicial proceedings → Reporting court judgments truthfully.
5. Artistic or literary criticism → Reviewing a book, film, or speech in good faith.
6. Good faith warnings → Employer warning about an employee’s dishonesty to protect others.

5. Punishment under BNS Section 356

• General defamation → Simple imprisonment up to 2 years, or fine, or both.
• Printing or engraving defamatory matter → Same punishment.
• Selling defamatory publications → Same punishment.
• Community service → Court may direct as an additional/alternative penalty.

6. Nature of the Offense

• Bailable → Accused has right to bail.
• Non-Cognizable → Police need magistrate’s order to investigate/arrest.
• Non-Compoundable → Cannot be settled privately; must go through trial.
• Trial by:
  • General defamation → Magistrate of First Class.
  • Against high officials (when Public Prosecutor files) → Court of Session.

7. Examples of BNS Section 356 in Action

• Example 1 – Personal Defamation
  A publishes in a newspaper that B is a thief, knowing it to be false → punishable defamation.
• Example 2 – Organizational Defamation
  A falsely claims that XYZ company cheats customers → defamation of a company.
• Example 3 – Not Defamation
  A reviewer writes, “The novel was boring and poorly written” → criticism of a work, not of the author personally → exception.

8. Importance of Section 356

• Protects individual dignity and social reputation.
• Balances freedom of speech with responsibility.
• Ensures accountability for false and malicious statements.
• Provides exceptions for fair criticism and truth for public good.

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Section 356 BNS Overview

Defamation refers to harming someone’s reputation through words, signs, or visible actions that are intended to cause or are likely to cause harm. It includes statements about living or deceased persons, organizations, or groups if they damage reputation. Defamation does not occur under certain exceptions like truth for public good or good-faith opinions.

BNS SECTION 356 :10 Key Points.

1. Definition of Defamation

Defamation is any statement, whether spoken, written, or represented through signs, made with the intent to harm someone’s reputation.

• If a person says or publishes something about another person, knowing it will harm their reputation, it is considered defamation.
• The harm must be such that it damages the individual’s standing in society or causes people to view them negatively.
• This law also applies to defamatory acts against deceased persons if it hurts their family’s feelings or legacy.

2. Defamation of Groups or Organizations

BNS 356 does not only protect individuals but also extends to companies, associations, or groups.

• Any false statement made to harm the reputation of a business, club, or any collection of people falls under defamation.
• For example, falsely accusing a company of fraud without evidence can harm its public trust, leading to defamation charges.
• This ensures accountability for statements affecting entities, not just individuals.

3. Alternative and Ironical Statements

Defamation also includes statements made indirectly or through irony.

• A sarcastic comment or indirect accusation meant to imply wrongdoing can be considered defamatory.
• For example, saying, “Oh, he’s such an honest person; he didn’t steal anything this time,” sarcastically can damage someone’s reputation.
• Such statements are actionable under this section if intent to harm can be proven.

4. What Constitutes Harm to Reputation?

An imputation harms someone’s reputation if it lowers their respect in society or affects their moral, intellectual, or professional standing.

• Statements causing people to believe that someone is dishonest, immoral, or disgraceful fall into this category.
• For example, falsely accusing someone of having a contagious disease like leprosy can harm their societal reputation.
• The harm must be significant enough to influence public perception.

5. Exceptions: Truth and Public Good

True statements made for the public good are not considered defamation.

• If the imputation is factually accurate and serves the public interest, it is protected by law.
• For instance, publishing verified information about a corrupt public official is not defamation if it benefits society.
• However, determining “public good” is a matter of legal evaluation.

6. Opinions on Public Figures or Public Questions

Expressing opinions about public figures or issues in good faith is exempt.

• Criticizing the actions of a politician or public official in their official capacity is not defamation if done respectfully and in good faith.
• For example, saying “The minister failed to address public grievances” is allowed if supported by facts.
• This encourages constructive criticism without fear of legal repercussions.

7. Judicial and Legal Proceedings

Publishing accurate reports of court proceedings or expressing opinions about legal judgments in good faith is not defamation.

• For example, reporting a court’s ruling or commenting on a public trial outcome is permitted if it is true and unbiased.
• This exemption ensures transparency and accountability in the legal system.

8. Comments on Artistic or Public Performances

Critiquing books, performances, or public speeches is not defamatory if done in good faith.

• For instance, saying “The movie was poorly written, and the director’s storytelling was weak” is an opinion about the performance, not defamation.
• However, personal attacks unrelated to the work are not protected under this exception.

9. Internal Communications and Good Faith Cautions

Statements made in private, good-faith communications are exempt.

• A boss warning an employee about another worker’s dishonest behavior or a parent advising their child against associating with someone is not defamation.
• The intent here is to protect personal or organizational interests, not harm reputation.

10. Punishments for Defamation

The punishments for defamation under BNS Section 2356 vary based on the circumstances:

• General Defamation: Simple imprisonment up to 2 years, a fine, or both.
• Defamatory Publications: The same penalty applies to those who knowingly print or distribute defamatory materials.
• Bailable and Non-Cognizable: These offenses are bailable and do not require immediate police intervention but are triable in court.
• This balanced approach ensures justice without overly harsh penalties

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Punishment under BNS Section 356

1. For General Defamation:
   • Simple imprisonment up to 2 years, or
   • Fine, or
   • Both imprisonment and fine, or community service.
2. For Printing or Engraving Defamatory Material:
   • Simple imprisonment up to 2 years, or
   • Fine, or
   • Both imprisonment and fine.
3. For Selling Defamatory Material:
   • Simple imprisonment up to 2 years, or
   • Fine, or
   • Both imprisonment and fine.

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BNS 356 bailable or not ?

General Defamation: Bailable

Defamation against public officials (e.g., President, Governor): Bailable

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Bharatiya Nyaya Sanhita Section 356

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Comparison: BNS Section 356 vs IPC Sections 499–502 (Defamation)

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BNS Section 356 FAQs

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Conclusion

BNS Section 356 ensures legal protection against defamation while allowing exceptions for truth, fair opinion, and public interest. With punishments up to two years of imprisonment, fines, or community service, the section discourages false or malicious remarks that harm reputation. At the same time, it prevents misuse by clearly defining what is not defamation, such as constructive criticism or honest reporting. By modernizing the IPC’s older provisions, this law strikes a balance between protecting individual honor and promoting free expression in society.

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