Section 353 BNS: Statements Conducing to Public Mischief
Section 353 of the Bharatiya Nyaya Sanhita, 2023 deals with statements, false information, rumours, reports and alarming news that are made, published or circulated with the specified intent, or are likely to produce specified harms to public order, public tranquillity, the armed forces or relations between groups.
What does Section 353 BNS cover?
Section 353 is directed at statements and information that carry a specified public-harm element. It is not framed as a general prohibition on every incorrect, unpopular or offensive statement. The statutory language requires the particular intent, likelihood, subject matter or group-based consequence described in the relevant sub-section.
The provision expressly includes publication or circulation through electronic means, so online and digital communications may fall within its scope where the other legal ingredients are established.
Section 353 of the Bharatiya Nyaya Sanhita, 2023
353. (1) Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means-
(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(3) Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
Exception. It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, false information, rumour or report, has reasonable grounds for believing that such statement, false information, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.
Essential ingredients of Section 353 BNS
- There must be making, publishing or circulation of a statement, information, rumour, report or, where applicable, alarming news.
- Electronic communication is expressly included.
- The prosecution must establish the intent or likelihood specified in the relevant clause or sub-section.
- For sub-section (2), the statement or report must contain false information, rumour or alarming news and must have the required connection with promotion of enmity, hatred or ill will between groups.
- Sub-section (3) applies when the sub-section (2) offence is committed in a place of worship or an assembly engaged in religious worship or ceremonies.
Sub-sections of Section 353 explained
Section 353(1): Public mischief, armed forces and public tranquillity
Sub-section (1) addresses three categories: communications intended or likely to affect duty in the armed forces; communications intended or likely to cause fear or alarm capable of inducing an offence against the State or public tranquillity; and communications intended or likely to incite one class or community to commit an offence against another.
Section 353(2): Enmity, hatred or ill will between groups
Sub-section (2) deals with false information, rumours or alarming news intended or likely to create or promote enmity, hatred or ill will between the groups identified in the provision, including groups differentiated by religion, race, place of birth, residence, language, caste or community.
Section 353(3): Offence in place of worship or religious assembly
Where the conduct specified in sub-section (2) occurs in a place of worship or in an assembly engaged in religious worship or religious ceremonies, sub-section (3) provides the enhanced punishment.
Punishment and BNSS classification
| Provision | Maximum punishment | Cognizability | Bail | Trial court |
|---|---|---|---|---|
| Section 353(1) | Imprisonment up to 3 years, or fine, or both | Non-cognizable | Non-bailable | Any Magistrate |
| Section 353(2) | Imprisonment up to 3 years, or fine, or both | Cognizable | Non-bailable | Any Magistrate |
| Section 353(3) | Imprisonment up to 5 years and fine | Cognizable | Non-bailable | Any Magistrate |
The procedural classification above follows the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The precise sub-section alleged is therefore important when assessing police powers and procedure.
Exception: Reasonable grounds, truth and good faith
The section contains an express exception. A person does not commit an offence under Section 353 where the person has reasonable grounds for believing the statement, false information, rumour or report to be true and makes, publishes or circulates it in good faith and without the prohibited intent specified in the section.
Whether the exception applies depends on the evidence concerning the basis of the belief, good faith, surrounding circumstances and the absence of the statutory intent.