Section 353: Statements Conducing to Public Mischief & Promoting Hatred

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
Non-Bailable
Non-Cognizable (Sec 353-1) / Cognizable (Sec 353-2/3)
Formerly Sec 505 IPC

Legal Commentary & Landmark Judgments: Section 353

Section 353 of the BNS, 2023 penalises making, publishing, or circulating any statement, false report, or rumour with intent to cause mutiny, public fear, alarm, or inciting hatred between communities (replacing Section 505 IPC).

  • Statement, Rumour, or Report: Circulating false reports, fabricated videos, audio, or text.
  • Targeted Public Effect: Intending to cause fear, alarm, mutiny in armed forces, or provoking offences against the State or public tranquility.
  • Promoting Enmity: Promoting disharmony, hatred, or ill-will between different religious, racial, or regional groups.
Key Landmark Precedents:
  • Kedar Nath Singh v. State of Bihar AIR 1962 SC 955: The 5-Judge Constitution Bench ruled that penalizing public mischief is constitutional, but applies strictly only to statements that have a pernicious tendency to incite violence or public disorder.
  • Bilal Ahmed Kaloo v. State of A.P. (1997) 7 SCC 431: The Supreme Court held that mens rea is the essence of the offence under Section 505 IPC; merely circulating a message without proof of intent to incite violence between communities does not attract liability.
  • Pravasi Bhalai Sangathan v. Union of India (2014) 11 SCC 477: The Apex Court emphasised the need for stringent enforcement of anti-hate speech provisions against organized attempts to polarize society.
Courtroom Practice & Strategic Litigation Guidance:

Sanction Requirement: Under Section 218 BNSS (old Section 196 CrPC), prosecution under Section 353 BNS requires prior sanction of the Central or State Government. Proceedings launched without sanction are void ab initio.