BNS Section 353 — Statements conducing to public mischief

Summary

Sub-section (1) makes it an offence for anyone to make, publish, or circulate any statement, false information, rumour, or report, including through electronic means, if it is done with intent to cause, or is likely to cause, any of the following: (a) an officer, soldier, sailor, or airman in the Indian Army, Navy, or Air Force to mutiny, or to otherwise disregard or fail in his duty; (b) 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 public tranquillity; or (c) any class or community of persons to be incited to commit any offence against any other class or community. The punishment for this is imprisonment of up to three years, or a fine, or both.

Sub-section (2) makes it an offence to make, publish, or circulate 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, feelings of enmity, hatred, or ill will between different religious, racial, language, or regional groups, or castes or communities, on grounds of religion, race, place of birth, residence, language, caste, community, or any other ground whatsoever. The punishment for this is imprisonment of up to three years, or a fine, or both.

Sub-section (3) provides that if the offence specified in sub-section (2) is committed in any place of worship, or in any assembly engaged in the performance of religious worship or religious ceremonies, the punishment is imprisonment of up to five years, and the person shall also be liable to a fine. The Exception to this section states that it does not amount to an offence when the person making, publishing, or circulating such a statement, false information, rumour, or report has reasonable grounds for believing that it is true, and makes, publishes, or circulates it in good faith and without any such intent as described above.

Official Text

(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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §505 — Statements conducing to public mischief