Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Statements Conducing to Public Mischief (S. 353 BNS)
Freedom of speech and expression is a fundamental right in a democratic society, but this freedom is not absolute. When statements, rumours, or reports are circulated with the potential to create panic, fear, hostility, or disturbance in society, the law intervenes to maintain public order. In India, such situations are addressed under Section 353 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which deals with statements conducing to public mischief. This article examines the scope and purpose of Section 353 BNS, the types of statements that fall within its ambit, and the legal consequences associated with such offences. It also discusses the balance the law attempts to maintain between protecting freedom of expression and safeguarding public order.
Section 353 BNS criminalizes the making, publishing, or circulating of statements, rumours, or reports that may incite public disorder, cause fear or alarm among the public, or promote enmity, hatred, or ill-will between different communities. The provision aims to prevent the spread of misinformation or provocative content that could threaten social harmony, disturb public tranquillity, or incite offences against the state or public peace.
The importance of Section 353 BNS has increased significantly in the modern era, particularly with the rise of digital communication and social media platforms, where information spreads rapidly and can influence large sections of the population within a short time. False rumours, inflammatory messages, and misleading reports can easily lead to communal tensions, panic among citizens, or disruption of law and order. Therefore, the law seeks to hold individuals accountable for irresponsible or malicious statements that may harm public stability.
Statements Conducing to Public Mischief:
Section 353 BNS:
Statements Conducing to Public Mischief:
(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.
The section applies to any person who creates, communicates, or spreads information. The act may occur in several ways, such as making (includes creating or originating the statement, rumour, or report), publishing (includes communicating the statement to the public through newspapers, books, television, or online platforms and circulating (includes forwarding, sharing, or distributing the statement to others). The provision also explicitly includes electronic means, which covers social media posts, messages, emails, blogs, or online videos.
This provision applies to different forms of communication, including statements (spoken or written assertions) false information (incorrect or fabricated facts), rumours (unverified claims spread among people) and reports (information presented as news or factual updates).
Section 353(1) BNS explains when a person becomes criminally liable for making or spreading statements that may disturb public order or encourage unlawful acts. Even if the statement is not proven false, it may still fall under the section if it is likely to produce harmful consequences mentioned in clauses (a), (b), or (c) of Section 353(1) BNS.
Clause (a) of Section 353(1) BNS punishes statements that are intended to or likely to encourage members of the Army, Navy, or Air Force to mutiny, rebel, or revolt against lawful authority, or cause them to disregard orders or neglect their official duties. The purpose is to protect the discipline and stability of the armed forces, which are essential for national security.
Clause (b) of Section 353(1) BNS, makes a statement punishable if it creates fear or panic among the public or a section of the public, and such fear may lead people to commit offences against the State or disturb public peace.
Clause (c) of Section 353(1) BNS, addresses statements that intend to provoke or incite one class or community of people, and encourage them to commit offences against another community or group. The aim is to prevent communal violence, social conflict, and hostility between groups based on religion, caste, language, region, or similar identities.
Punishment for offence under Section 353(1) BNS:
Imprisonment which may extend to three years, or with fine, or with both.
Nature of Offence:
The offence is Non-cognizable, Non-bailable, Non-compoundable and triable by any Magistrate.
Public Mischief by Promoting Enmity between Different Groups:
Section 353(2) BNS, deals with statements promoting enmity between different groups. The provision aims to prevent the spread of rumours or false information that may disturb communal harmony or create hostility among different sections of society.
The offence may arise in two situations:
- Intentional conduct – when a person deliberately spreads such information to create hostility between groups.
- Likely consequence – even if there is no proven intention, the offence may still occur if the statement is likely to produce feelings of enmity, hatred, or ill will.
Thus, the law focuses both on the intention of the offender and the probable impact of the statement.
The provision lists several bases on which hostility may arise, such as religion, race, place of birth, residence or region, language and caste or community. It also includes the phrase “any other ground whatsoever,” which broadens the scope to cover other similar forms of group-based hostility.
Punishment for Offence under Section 353(2) BNS:
Imprisonment which may extend to three years, or with fine, or with both.
Nature of Offence:
The offence is Non-cognizable, Non-bailable, Non-compoundable and triable by any Magistrate.
Promoting Enmity between Different Groups at Sensitive Religious Settings:
Section 353(3) BNS provides an enhanced punishment for offences described under Section 353(2) BNS when they are committed in sensitive religious settings. A place of worship refers to locations where people gather for religious purposes, such as temples, mosques, churches, gurudwaras, or other sacred sites. If a person spreads or makes statements promoting communal hatred within such a place, the offence becomes more serious because religious places are expected to maintain peace and spiritual harmony. Assembly engaged in religious worship or ceremonies” refers to a gathering of people performing religious prayers, rituals, or ceremonies. If inflammatory statements are made during such gatherings, they may easily provoke large groups of people and disturb communal harmony.
Punishment for Offence under Section 353(3) BNS:
Imprisonment which may extend to five years and shall also be liable to fine.
Nature of Offence:
The offence is Non-cognizable, Non-bailable, Non-compoundable and triable by any Magistrate.
Examples of Public Mischief under Section 353 BNS:
- A person spreads a rumour on social media claiming that a particular bank is about to collapse, leading people to rush and withdraw their money, causing unnecessary panic.
- Publishing a message urging soldiers to refuse orders from their commanding officers or to revolt against the government.
- Spreading a rumour that a particular community is planning violent attacks, leading people to arm themselves and engage in violence.
- Publishing inflammatory content claiming that members of one religious community are responsible for harming another community and urging retaliation.
- Sharing a fake message that a certain area will soon be attacked or evacuated, causing chaos and disorder among residents.
- Circulating a rumour that a bomb has been planted in a crowded public place when no such threat exists, creating panic and disruption.
The exception to the Section 353 BNS states that a person will not be guilty of an offence under Section 353 BNS if they make, publish, or circulate a statement, rumour, report, or information believing it to be true, provided certain conditions are satisfied. In other words, the law does not punish a person who acts in good faith and without malicious intention, even if the information later turns out to be incorrect.
Examples of Exceptions to Public Mischief under Section 353 BNS:
The person must have reasonable grounds to believe that the information is true. This means the belief should be based on reliable facts, credible sources, or circumstances that would lead a reasonable person to think the information is correct. For example, relying on official announcements, verified reports, or trustworthy sources may constitute reasonable grounds.
- A journalist publishes a report about possible tension between two communities based on verified police sources and official statements. Later, the information turns out to be incorrect. Since the journalist had reasonable grounds to believe the information was true and acted in good faith, it will not amount to an offence under Section 353 BNS.
- A person forwards a message about a possible security threat in a city because it appears to come from a government advisory or police notification. Later it is discovered that the warning was inaccurate. Because the person believed the information to be genuine and had no intention to create panic, the act may fall under the exception.
- A resident posts online that a certain bridge might be unsafe after reading an engineering report shared in a local community meeting. Authorities later clarify that the report was misunderstood. Since the person acted honestly and believed the information to be correct, the act would not be considered an offence.
- A researcher writes an article discussing possible causes of tension between linguistic groups based on historical records and research materials. Some people later disagree with the conclusions. Because the article was written in good faith and based on reasonable evidence, it does not fall under the offence.
- A person informs local residents that there may be a protest or disturbance after hearing the information from local officials or community leaders. The information later turns out to be incorrect. If the person honestly believed the information and had no intention to spread fear or hostility, the act is protected by the exception.
Conclusion:
Section 353 of the Bharatiya Nyaya Sanhita, 2023 plays an important role in maintaining public order, social harmony, and national security by regulating the spread of statements, rumours, or reports that may lead to public mischief. The provision recognizes that irresponsible or malicious communication, whether through traditional media or electronic platforms can create panic, incite violence, encourage disobedience among members of the armed forces, or promote hatred between different communities.
At the same time, the law also safeguards legitimate freedom of speech and expression by providing exceptions for statements made with reasonable grounds, in good faith, and without malicious intent. This balance ensures that individuals are not punished for honest communication while holding accountable those who deliberately spread misinformation or inflammatory content that threatens public peace.
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