Section 352 BNS: Intentional Insult with Intent to Provoke Breach of Peace
Section 352 of the Bharatiya Nyaya Sanhita, 2023 punishes an intentional insult that gives provocation to another person where the offender intends, or knows it to be likely, that the provocation will cause a breach of public peace or the commission of another offence.
What does Section 352 BNS mean?
The section applies where a person intentionally insults another in any manner and thereby gives provocation. Mere use of offensive words is not, by itself, the complete statutory test. The prosecution must also establish the required intention or knowledge concerning the likely consequence of that provocation.
The relevant consequence is that the provocation will cause the person insulted to break the public peace or to commit another offence.
Section 352 of the Bharatiya Nyaya Sanhita, 2023
352. Whoever intentionally insults in any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Essential ingredients of Section 352 BNS
- There must be an intentional insult.
- The insult must give provocation to another person.
- The accused must intend, or know it to be likely, that the provocation will cause the person to break the public peace or commit another offence.
- The required intention or knowledge must be assessed from the words, conduct and surrounding circumstances of the case.
The wording of the provision makes both the intentional character of the insult and the intended or known likely consequence important. Whether a particular statement or act satisfies those requirements depends on the facts and evidence.
Punishment under Section 352 BNS
| Offence | Maximum punishment |
|---|---|
| Intentional insult with intent or knowledge that the provocation is likely to cause breach of public peace or another offence | Imprisonment of either description up to 2 years, or fine, or both |
BNSS procedure and compounding
The Bharatiya Nagarik Suraksha Sanhita, 2023 governs the criminal procedure applicable to offences under the BNS. The BNSS compounding table expressly lists the offence under Section 352 as compoundable by the person insulted.
Questions such as cognizability, bail and the competent trial court should be read with the applicable entry in the First Schedule to the BNSS and the facts of the particular proceeding.