356 BNS

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Introduction of 356 BNS

356 BNS addresses the offense of defamation. Defamation involves harming a person’s reputation through spoken words, written statements, gestures, or visible representations that are intended to damage or have the potential to harm someone’s reputation. This section also includes provisions for exceptions where certain acts are not considered defamation.

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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

What Constitutes Defamation

1. Defamation involves harming someone’s reputation by:
   • Spoken or written words.
   • Visible signs or representations.
2. This harm must be intentional or done with knowledge of the possible impact.
3. Defamation can also target:
   • Deceased individuals (if it affects their family’s feelings).
   • Companies, associations, or groups.
4. Even indirect or ironic statements can count as defamation.
5. Harm to reputation includes lowering one’s moral, intellectual, or social standing in the view of others.

Exceptions to Defamation

1. Certain statements do not qualify as defamation, such as:
   • Truthful statements made for the public good.
   • Good-faith criticism of public servants.
   • Honest opinions on public matters or court decisions.
2. Examples include:
   • Reporting accurate court proceedings.
   • Critiquing books, performances, or public speeches.
3. Statements made within lawful authority, like a judge’s remark, are also exempt.
4. Good-faith warnings or accusations to protect others’ interests are not defamation.
5. For example, cautioning someone about another person’s trustworthiness.

Punishments Under BNS Section 356

1. Punishment depends on the nature of the defamatory act:
   • General defamation: Simple imprisonment up to 2 years, fine, or both.
   • Printing/engraving defamatory material: Same punishment.
   • Selling such material: Same punishment.
2. Additional penalties may include community service.
3. Punishments are bailable and non-cognizable (police require permission to investigate).
4. Cases involving high-ranking officials are triable in higher courts (Court of Session).
5. Other cases are triable by a magistrate.

Classification of Defamation Offenses

1. General defamation:
   • Non-cognizable.
   • Bailable.
   • Triable by a magistrate.
2. Printing or engraving defamatory matter:
   • Triable by the Magistrate of First Class or Court of Session (based on the victim’s role, e.g., high-ranking official).
3. Selling defamatory material:
   • Similar classification as above.
4. The nature of the victim (e.g., President or common person) impacts the trial court.
5. Public officials’ defamation requires a complaint by the Public Prosecutor.

Exceptions Illustrated with Example

1. Truth for Public Good:
   • Publishing a true fact about a public figure’s misconduct for awareness.
2. Criticism of Public Servants:
   • Criticizing a minister’s decisions during public service.
3. Good Faith Opinions:
   • A reviewer calling a book poorly written without attacking the author personally.
4. Judicial Proceedings:
   • Reporting trial outcomes accurately and responsibly.
5. Warnings in Good Faith:
   • A shopkeeper warning an employee about a customer’s poor credit history.

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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

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
356(2)	Defamation against high-ranking officials when instituted by the Public Prosecutor.	Simple imprisonment for 2 years, fine, both, or community service.	Bailable	Non-Cognizable	Court of Session
	Defamation in any other case.	Simple imprisonment for 2 years, fine, both, or community service.	Bailable	Non-Cognizable	Magistrate of the First Class
356(3)	Printing or engraving defamatory matter against high-ranking officials when instituted by the Public Prosecutor.	Simple imprisonment for 2 years, fine, or both.	Bailable	Non-Cognizable	Court of Session
	Printing or engraving defamatory matter in any other case.	Simple imprisonment for 2 years, fine, or both.	Bailable	Non-Cognizable	Magistrate of the First Class
356(4)	Sale of printed or engraved defamatory matter against high-ranking officials when instituted by the Public Prosecutor.	Simple imprisonment for 2 years, fine, or both.	Bailable	Non-Cognizable	Court of Session
	Sale of printed or engraved defamatory matter in any other case.	Simple imprisonment for 2 years, fine, or both.	Bailable	Non-Cognizable	Magistrate of the First Class

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BNS Section 356 FAQs

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