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Introduction of 353 BNS

353 BNS deals with punishing individuals who make, publish, or circulate false information, rumors, or statements that can disrupt public peace, create enmity among communities, or instill fear in society. It addresses both intentional and likely harm caused by such actions, especially when it affects public safety or the functioning of armed forces. It also includes stricter penalties for offenses in religious or sensitive locations.


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



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.


BNS Section 353 punishes spreading false information that disrupts peace.
Strict penalties under BNS 353 for spreading false information in society.

BNS 353 in Simple Points

1. Stopping the Spread of False Information

BNS Section 353 punishes people who create or share false statements, rumors, or fake news that can cause public panic or disturb the peace. It applies to any platform, including social media. Such actions can harm society by creating confusion and fear. This section ensures that individuals spreading lies or misleading information are held responsible for their actions.

2. Protecting Armed Forces from Disruption

This section specifically targets false information aimed at the Army, Navy, or Air Force of India. If a person’s statement causes soldiers or officers to disobey orders or neglect their duties, they can be punished. Maintaining discipline in the armed forces is critical for national security, and this law helps protect against attempts to disrupt their functioning.

3. Preventing Hatred Between Communities

Statements or rumors that incite hatred or hostility between different communities, based on religion, language, caste, or other factors, are punishable under this section. Hate speech can lead to violence and disrupt communal harmony. This provision ensures that individuals promoting division and hatred are stopped and penalized.

4. Enhanced Punishment for Offenses in Religious Spaces

If a person spreads false information or rumors in places of worship or during religious ceremonies, they face stricter punishment, including up to five years of imprisonment and a fine. This acknowledges the sacred nature of religious spaces and prevents them from being misused to provoke violence or hatred among people.

5. Good Faith Exception for Honest Actions

The law provides an exception for individuals who share information believing it to be true and without malicious intent. If a person acts in good faith and has reasonable grounds to believe their statement is accurate, they are not punished under this section. This ensures that the law is fair and not misused against innocent individuals.


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


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.


353 punishes offenses with imprisonment, fines, or both
Strict penalties under BNS 353, with harsher punishments in religious settings.

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.


Bharatiya Nyaya Sanhita Section 353

Sub-SectionOffense DescriptionPunishmentCognizable/Non-CognizableBailable/Non-BailableTrial By
353(1)False statements causing mutiny or public fearUp to 3 years, fine, or bothNon-CognizableNon-BailableAny Magistrate
353(2)Statements inciting enmity or hatredUp to 3 years, fine, or bothCognizableBailableAny Magistrate
353(3)Offenses in places of worship or religious gatheringsUp to 5 years and fineCognizableNon-BailableCourt of Session

BNS Section 353 FAQs

1. What is BNS 2353 about?

2. Does BNS 2353 apply to social media?

3. What is the punishment for violating BNS 353?

4. Is BNS 353 bailable?

It depends on the offense: Some cases are bailable, while others are non-bailable.

5. What exceptions exist in BNS 353?

6. Who tries cases under BNS 353?


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