353 BNS : Statements conducing to public mischief .

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Introduction of 353 BNS

353 BNS deals with the offense of spreading false statements, rumors, or reports that may disturb public peace, incite hatred between communities, or create fear in society. This section is vital in today’s digital era where misinformation spreads quickly through social media and electronic platforms. By replacing Section 505 of the old IPC, BNS 353 strengthens laws against fake news, hate speech, and public mischief, ensuring accountability and promoting social harmony. It also provides stricter punishment for offenses committed in religious places, where public order is more vulnerable.

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The Bharatiya Nyaya Sanhita (BNS) Section 353 replaces the old Indian Penal Code (IPC) Section 505.

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What is BNS Section 353 ?

BNS Section 353 addresses the act of making, publishing, or circulating false statements, information, or rumors with malicious intent. It penalizes such actions when they lead to public mischief, disrupt harmony, incite hatred, or create enmity among different groups in society.

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Under Section 353 of the bns act 2023

Whoever makes, publishes, or circulates any statement, rumor, or report with intent to cause mutiny, fear, alarm, hatred, or enmity between different groups, or likely to disturb public peace, shall be punished with imprisonment up to three years, or with fine, or with both.
If such offense is committed in a place of worship or during religious ceremonies, the punishment may extend to five years with fine.

1. Meaning of Statements Conducing to Public Mischief

• Statement / Rumor / Report → Includes spoken words, written publications, or electronic/digital content.
• Public Mischief → Any action that disrupts peace, harmony, or creates unrest in society.

Example → Spreading a fake message about a communal clash on social media to create panic.

2. Essential Ingredient – Intention or Likelihood of Harm

The act must be done:

• With intent to cause mutiny, enmity, or fear.
• OR when it is likely to cause such harm even if not intended.

Harm includes:

• Disruption in Armed Forces discipline.
• Creating fear or alarm in society.
• Promoting hatred between communities.

Example → Circulating false news that soldiers are disobeying orders to create distrust in the army.

3. Punishment under BNS Section 353

• General Cases (Subsection 1 & 2):
  Imprisonment up to 3 years, or fine, or both.
• Religious Spaces (Subsection 3):
  Imprisonment up to 5 years + fine.

Stricter punishment in temples, mosques, churches, or other religious gatherings due to sensitive impact.

4. Nature of the Offense

• 353(1) → False information causing mutiny/fear:
  Non-Cognizable & Non-Bailable.
• 353(2) → Statements creating enmity/hatred:
  Cognizable & Bailable.
• 353(3) → Offense in religious settings:
  Cognizable & Non-Bailable (trial by Court of Session).

5. Examples of BNS Section 353 in Action

• Example 1 – False Alarm:
  A person spreads a rumor about a bomb blast in a city to create panic. → Punishable under Section 353(1).
• Example 2 – Hate Speech:
  A political leader gives a speech inciting hatred between two communities. → Punishable under Section 353(2).
• Example 3 – Religious Mischief:
  An individual circulates false leaflets inside a temple against another faith. → Punishable under Section 353(3).
• Example 4 – Good Faith (Not Offense):
  A journalist publishes information after verifying sources, but it later turns out false without intent. → Not punishable due to good faith exception.

6. Importance of Section 353

• Protects public order and harmony.
• Prevents hate speech and fake news.
• Safeguards armed forces’ discipline and national security.
• Ensures religious spaces remain peaceful.
• Promotes responsible media and communication.

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Section 353 BNS Overview

BNS Section 353 is a legal provision under the Bharatiya Nyaya Sanhita that prohibits the dissemination of false statements, rumors, or reports intended to:

• Disturb public peace.
• Disrupt the duties of soldiers, sailors, or airmen.
• Incite enmity or hatred between communities.
  The law ensures accountability for those spreading misinformation or hate speech, particularly through modern means like social medi

BNS Section 353: Detailed Explanation with 10 Key Points

1. Preventing False Information and Public Panic

BNS Section 353 prohibits the circulation of false statements, rumors, or reports, especially when they cause panic among the public. Such misinformation can lead to unnecessary fear or alarm, disrupting public peace. This section ensures accountability for spreading falsehoods, especially in sensitive situations.

2. Protecting Armed Forces from Disruption

The section specifically penalizes false information intended to cause mutiny or disrupt the duties of officers, soldiers, sailors, or airmen in the Indian Armed Forces. Maintaining discipline within the forces is essential for national security, and this provision safeguards against attempts to destabilize their duties.

3. Prohibiting Incitement of Fear or Alarm

Any statement or rumor likely to instill fear or provoke public unrest is considered a punishable offense. This includes actions that might lead people to commit crimes against the state or disrupt public harmony. The provision aims to prevent any form of societal unrest.

4. Addressing Hate Speech

The section targets individuals who incite hatred or enmity between different communities. Hate speech, especially based on religion, race, language, or caste, can fuel conflicts. This provision ensures such actions are strictly penalized to maintain communal harmony.

5. Enhanced Punishment for Offenses in Religious Spaces

If the offense is committed in places of worship or during religious ceremonies, the punishment increases to imprisonment for up to five years and a fine. This recognizes the sensitive nature of religious settings and protects them from misuse for spreading hatred.

6. Ensuring Accountability in Electronic Media

The law explicitly includes statements circulated through electronic means, such as social media or digital platforms. This provision acknowledges the rapid spread of misinformation online and ensures that individuals spreading harmful content are held accountable.

7. Promoting Good Faith and Honesty

The section includes an exception for individuals who circulate information in good faith, believing it to be true. If there is no malicious intent and reasonable grounds exist for their belief, such actions are not punishable. This ensures fairness and prevents misuse of the law.

8. Differentiating Between Intent and Likelihood

The law penalizes not only intentional actions but also those likely to cause harm. For example, even if someone does not intend to incite violence, if their statement is likely to cause such an outcome, they can be punished. This ensures a broader scope of protection.

9. Clear Classification of Offenses

BNS Section 353 has clear classifications:

• Offenses involving mutiny are non-cognizable and non-bailable.
• Hate speech or enmity-inducing actions are cognizable and bailable.
• Offenses in religious spaces are cognizable and non-bailable.

10. Ensuring Social Harmony and Public Safety

The overall purpose of BNS Section 353 is to maintain public safety and promote harmony. By penalizing false information and hate-inducing statements, it safeguards against actions that could harm societal peace. This contributes to building a safe and cohesive society.

Examples of BNS Section 353

Example 1: False Alarm to Incite Panic

A person spreads a false rumor about a terror attack in a city, causing widespread panic and fear among the public. This can be punished under BNS Section 353(1) as it creates fear and disrupts public tranquility.

Example 2: Hate Speech in Religious Context

During a religious event, an individual makes a statement targeting another community, inciting hatred and enmity. If proven, they can be punished under BNS Section 353(3), with stricter penalties since the offense occurred in a place of worship

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BNS 353 Punishment

General Punishment: Imprisonment for up to 3 years, or a fine, or both.

For Offenses in Religious Settings: Imprisonment for up to 5 years and a fine.

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BNS 353 bailable or not ?

For general offenses under BNS 353(1): Non-bailable.

For offenses under BNS 353(2): Bailable.

For offenses under BNS 353(3) (in religious settings): Bailable.

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Bharatiya Nyaya Sanhita Section 353

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Comparison: BNS Section 353 vs IPC Section 505

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BNS Section 353 FAQs

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Conclusion

BNS Section 353 plays a critical role in protecting society from the dangers of misinformation, hate speech, and divisive rumors. By penalizing those who create or circulate false statements that harm public order, the law safeguards national security, communal harmony, and consumer trust. With special provisions for religious spaces and exceptions for good faith actions, this section strikes a balance between freedom of expression and public safety. In a world where fake news spreads faster than facts, Section 353 ensures that truth and accountability remain at the core of India’s justice system.

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