BNS Section 356 — Defamation
CHAPTER XIX OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
Criminal
Summary
Sub-section (1) defines defamation. A person defames someone if they make or publish, in any manner, an imputation (a statement or suggestion that harms reputation) about that person, using spoken words, words meant to be read, signs, or visible representations, and they intend to harm that person's reputation, or know or have reason to believe the imputation will harm that reputation. This applies except in the cases that are later listed as exceptions.
Explanation 1 says that defamation can apply to a deceased person if the imputation would have harmed that person's reputation when alive, and it is intended to hurt the feelings of their family or close relatives.
Explanation 2 says that defamation can apply to a company, an association, or a collection of persons as a group.
Explanation 3 says that an imputation made in the form of an alternative or expressed ironically can still amount to defamation.
Explanation 4 says that an imputation does not harm a person's reputation unless, directly or indirectly, in the estimation of others, it lowers the person's moral or intellectual character, lowers their character with respect to their caste or calling, lowers their credit, or causes others to believe their body is in a loathsome or disgraceful state.
The illustrations under sub-section (1) give examples: (a) A says Z is honest and never stole B's watch, intending people to believe Z did steal it — this is defamation unless an exception applies; (b) A points to Z when asked who stole B's watch, intending people to believe Z stole it — this is defamation unless an exception applies; (c) A draws a picture of Z running away with B's watch, intending people to believe Z stole it — this is defamation unless an exception applies.
Exception 1 says it is not defamation to impute something true about a person if it is for the public good that the imputation be made or published. Whether it is for the public good is a question of fact.
Exception 2 says it is not defamation to express, in good faith, any opinion about the conduct of a public servant in the discharge of their public functions, or about their character, but only so far as that character appears in that conduct, and no further.
Exception 3 says it is not defamation to express, in good faith, any opinion about the conduct of any person touching any public question, and about their character, but only so far as that character appears in that conduct, and no further. The illustration gives examples of conduct on public questions, such as petitioning government, signing a requisition for a meeting, presiding or attending a meeting, forming or joining a society inviting public support, or voting or canvassing for a candidate for a public-interest position.
Exception 4 says it is not defamation to publish a substantially true report of the proceedings of a Court, or of the result of such proceedings. The explanation says that a Magistrate or other officer holding an inquiry in open Court preliminary to a trial is a Court for this purpose.
Exception 5 says it is not defamation to express, in good faith, any opinion about the merits of any civil or criminal case decided by a Court, or about the conduct of any person as a party, witness, or agent in such a case, or about that person's character, but only so far as that character appears in that conduct, and no further. The illustrations show: (a) A says Z's evidence at trial is so contradictory that Z must be stupid or dishonest — this is within the exception if said in good faith, because the opinion concerns Z's character as it appears in Z's conduct as a witness; (b) but if A says he does not believe Z's testimony because he knows Z to be a man without veracity — this is not within the exception, because the opinion of Z's character is not founded on Z's conduct as a witness.
Exception 6 says it is not defamation to express, in good faith, any opinion about the merits of any performance that its author has submitted to the judgment of the public, or about the author's character, but only so far as that character appears in such performance, and no further. The explanation says a performance may be submitted to public judgment expressly or by acts implying such submission. The illustrations give examples: (a) publishing a book submits it to public judgment; (b) making a speech in public submits it to public judgment; (c) an actor or singer appearing on a public stage submits their acting or singing to public judgment; (d) A says of Z's book that it is foolish and Z must be weak, and that it is indecent and Z must be impure — this is within the exception if said in good faith, because the opinion of Z's character is based only on Z's book; (e) but if A says he is not surprised the book is foolish and indecent because Z is a weak man and a libertine — this is not within the exception, because the opinion of Z's character is not founded on Z's book.
Exception 7 says it is not defamation for a person who has authority over another, either by law or by a lawful contract, to pass, in good faith, any censure on the conduct of that other person in matters to which that lawful authority relates. The illustration gives examples: a Judge censuring a witness or court officer in good faith; a head of department censuring those under his orders; a parent censuring a child in the presence of other children; a school master censuring a pupil in the presence of other pupils; a master censuring a servant for remissness in service; a banker censuring the cashier for the cashier's conduct.
Exception 8 says it is not defamation to prefer, in good faith, an accusation against any person
Official Text
(1) Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
Illustrations.
(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions.
(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. Exception 1.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Exception 2.—It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Exception 3.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.
Illustration. It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. Exception 4.—It is not defamation to publish substantially true report of the proceedings of a Court, or of the result of any such proceedings.
Explanation.—A Magistrate or other officer holding an inquiry in open Court preliminary to a trial in a Court, is a Court within the meaning of the above section. Exception 5.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
Illustrations.
(a) A says—“I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this in good faith, in as much as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.
(b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not within this exception, in as much as the opinion which expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness. Exception 6.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.
Explanation.—A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.
Illustrations.
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.
(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further.
(e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book. Exception 7.—It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
Illustration. A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders, a parent censuring in good faith a child in the presence of other children; a school master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier are within this exception. Exception 8.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration. If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father, A is within this exception. Exception 9.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
Illustrations.
(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception. Exception 10.—It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
(2) Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both, or with community service.
(3) Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
(4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Related Provisions
defamation
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 (2025) Vol.8 p.966 — Supreme Court of India (2025)
- SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
- SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)