Home  /  Bharatiya Nyaya Sanhita  /  Section 352

Section 352: Intentional Insult with Intent to Provoke Breach of the Peace

Bharatiya Nyaya Sanhita • Chapter XIX: Of Criminal Intimidation, Insult, Defamation & Savings • Official Statutory Text & Legal Guide

Chapter XIX: Of Criminal Intimidation, Insult, Defamation & Savings
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 504 IPC
Section 351 All 358 Sections of Bharatiya Nyaya Sanhita Section 353

Legal Commentary & Landmark Judgments: Section 352

Section 352 of the BNS, 2023 penalises intentionally insulting any person, and thereby giving provocation to any person, intending or knowing it to be likely that such provocation will cause them to break the public peace (replacing Section 504 IPC).

  • Intentional Insult: Directing abusive, humiliating, or derogatory language at a person.
  • Provocation Offered: The insult must be of such a nature as to give grave provocation.
  • Likelihood of Breach of Peace: Done with intent or knowledge that it will cause the recipient to break the public peace or commit an offence.
Key Landmark Precedents:
  • Fiona Shrikhande v. State of Maharashtra (2013) 14 SCC 44: The Supreme Court held that mere abusive language or vulgarity does not constitute an offence under Section 504 IPC / 352 BNS; there must be an intentional insult of such character that it will provoke the person to commit an immediate breach of the peace.
  • Mohd. Wajid v. State of U.P. 2023 LiveLaw (SC) 624: Reaffirmed that trivial street bickering or polite disputes without imminent danger of violence cannot sustain criminal charges under this section.
  • State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Affirmed that where an FIR alleges vague verbal insults without public breach of peace, it is liable to be quashed under Section 482 CrPC / 528 BNSS.
Courtroom Practice & Strategic Litigation Guidance:

In quashing petitions under Section 528 BNSS, cite *Fiona Shrikhande*: Unless the complaint specifies the exact words and shows that an immediate breach of peace was provoked, the charge must be dismissed.

Section 351 All 358 Sections of Bharatiya Nyaya Sanhita Section 353