KembaraXtra - Bharatiya Nyaya Sanhita - Section 353: Statements Conducing to Public Mischief



Q1. What does Section 353 of the Bharatiya Nyaya Sanhita provide?

Answer:

Section 353 of the Bharatiya Nyaya Sanhita, 2023 (BNS) criminalises the making, publishing, or circulation of false statements, false information, rumours, or reports, including through electronic means, when such communications are intended or likely to cause public mischief.

The provision aims to protect:

• National security.
• Discipline in the Armed Forces.
• Public tranquillity.
• Communal harmony.
• Public order.

The section recognises that false information, whether circulated offline or online, can have serious consequences for society.

Example / Application:

A person deliberately spreads a false message on social media claiming that members of a particular community are planning attacks on another community, leading to panic and tension. Such conduct may constitute an offence under Section 353.

Q2. What are the different offences covered under Section 353?

Answer:

Section 353 creates three distinct offences:

1. Sub-section (1):

• False statements affecting the Armed Forces.
• False statements causing fear or alarm leading to offences against the State or public tranquillity.
• False statements inciting one class or community to commit offences against another.

1. Sub-section (2):

• False statements promoting enmity, hatred, or ill will between different religious, racial, linguistic, regional, caste, or community groups.

1. Sub-section (3):

• Commission of the offence under sub-section (2) inside a place of worship or during religious worship or ceremonies, carrying enhanced punishment.

Example / Application:

A false rumour spread during a religious gathering alleging that another community has desecrated a place of worship may attract liability under sub-section (3).

Sub-section (1)

Q3. What conduct is punishable under Section 353(1)?

Answer:

Section 353(1) punishes any person who makes, publishes, or circulates any statement, false information, rumour, or report, including through electronic means, in any of the following situations:

Clause (a)

With the intention, or likelihood, of causing:

• An officer,
• Soldier,
• Sailor, or
• Airman

of the Army, Navy, or Air Force of India to:

• Mutiny;
• Disregard duty; or
• Fail in the discharge of duty.

Clause (b)

With the intention, or likelihood, of causing:

• Fear or alarm among the public or any section of the public,

whereby a person may be induced to commit:

• An offence against the State; or
• An offence against public tranquillity.

Clause (c)

With the intention, or likelihood, of inciting:

• Any class or community

to commit offences against another class or community.

Example / Application:

A person circulates a fabricated message falsely claiming that military personnel have deserted their posts, intending to create panic and indiscipline. Such conduct falls within Section 353(1)(a).

Q4. Why does Section 353 specifically mention electronic means?

Answer:

The Bharatiya Nyaya Sanhita expressly includes communications made through electronic means.

This covers modern forms of communication such as:

• Social media platforms.
• WhatsApp messages.
• Emails.
• Blogs.
• Websites.
• Online videos.
• Digital news platforms.
• Electronic messaging applications.

The inclusion recognises the rapid spread and wider impact of misinformation through digital technology.

Example /Application:

A person uploads a fabricated video falsely claiming that violence has erupted in a city, causing widespread panic. Such electronic publication is covered by Section 353.

Section 353(2)

Q5. What offence is created under Section 353(2)?

Answer:

Section 353(2) punishes any person who makes, publishes, or circulates any false information, rumour, statement, or alarming news, including through electronic means, with the intention, or likelihood, of creating or promoting:

• Enmity;
• Hatred; or
• Ill will

between different groups on grounds of:

• Religion.
• Race.
• Place of birth.
• Residence.
• Language.
• Caste.
• Community.
• Any other similar ground.

The provision seeks to preserve communal harmony and national integration.

Example / Application:

A person knowingly circulates a false social media post alleging that members of one religious community have attacked another community, intending to provoke hostility. Such conduct falls within Section 353(2).

Q6. Is actual violence necessary for an offence under Section 353(2)?

Answer:

No.

The prosecution is not required to prove that violence actually occurred.

It is sufficient if the false statement was:

• Intended to promote hatred or enmity; or
• Was likely to create such hatred or ill will.

Thus, the law seeks to prevent communal conflict before it occurs.

Example / Application:

A fabricated rumour falsely accusing a linguistic community of planning attacks may attract liability even if no actual violence follows.

Section 353(3)

Q7. What is the aggravated offence under Section 353(3)?

Answer:

Section 353(3) provides enhanced punishment where the offence under Section 353(2) is committed:

• Inside a place of worship; or
• During an assembly engaged in religious worship or religious ceremonies.

The law treats such conduct more seriously because false information spread in religious settings has a greater potential to disturb communal peace.

Example / Application:

A speaker deliberately spreads false communal allegations during a religious congregation with the intention of promoting hatred against another community. This attracts Section 353(3).

Q8. What is the punishment under Section 353?

Answer:

For offences under Sections 353(1) and 353(2):

Punishment may extend to:

• Imprisonment up to three years; or
• Fine; or
• Both.

For offences under Section 353(3):

Punishment may extend to:

• Imprisonment up to five years; and
• Fine.

The enhanced punishment reflects the greater seriousness of offences committed in places of religious worship.

Example / Application:

A person convicted of spreading false communal rumours during a religious festival may face imprisonment up to five years together with fine.

Exception

Q9. What is the Exception to Section 353?

Answer:

No offence is committed under Section 353 if the person:

• Had reasonable grounds for believing that the statement, information, rumour, or report was true;
• Made, published, or circulated it in good faith; and
• Had no intention to produce any of the harmful consequences prohibited by the section.

The Exception protects honest communication made after exercising due care and attention.

Example / Application:

A journalist publishes a report based upon official government records reasonably believed to be genuine. Even if the information later proves inaccurate, the journalist may be protected if the publication was made in good faith without any prohibited intent.

Q10. What is meant by "good faith" under the Exception?

Answer:

Good faith requires:

• Honesty.
• Due care and attention.
• Reasonable verification of facts.
• Absence of malicious intention.

Mere belief is insufficient if the person acted recklessly without making reasonable enquiries.

Example / Application:

A citizen forwards an emergency advisory received from official government sources believing it to be authentic. Such conduct may be protected by the Exception.

Q11. Why is Section 353 important?

Answer:

Section 353 seeks to protect the nation from the harmful consequences of false information and misinformation.

The provision safeguards:

• National security.
• Military discipline.
• Public order.
• Public tranquillity.
• Religious harmony.
• Social stability.

At the same time, the statutory Exception ensures that persons acting honestly and responsibly are not punished merely because the information later proves to be incorrect.

Example / Application:

Authorities prosecute individuals who intentionally spread fabricated communal rumours through social media to incite violence. The provision protects society while preserving protection for good-faith communication.

Key Provisions (Study Notes)

Section 353(1)

Punishes false statements likely to:

• Cause mutiny or indiscipline in the Armed Forces.
• Cause fear or alarm leading to offences against the State or public tranquillity.
• Incite one community or class to commit offences against another.

Section 353(2)

Punishes false information intended or likely to promote:

• Enmity.
• Hatred.
• Ill will.

Grounds include:

• Religion.
• Race.
• Language.
• Caste.
• Community.
• Place of birth.
• Residence.
• Regional identity.
• Any other similar ground.

Section 353(3)

Enhanced punishment where the offence under Section 353(2) is committed:

• In a place of worship; or
• During religious worship or ceremonies.

Punishment

Sections 353(1) & (2):

• Imprisonment up to 3 years, or
• Fine, or
• Both.

Section 353(3):

• Imprisonment up to 5 years, and
• Fine.

Exception

No offence where:

• There were reasonable grounds to believe the information was true.
• It was published in good faith.
• There was no prohibited intention.

Key Takeaway

Section 353 of the Bharatiya Nyaya Sanhita, 2023 criminalises the making, publication, or circulation of false statements, false information, rumours, or reports, including through electronic means, when they are intended or likely to undermine military discipline, public tranquillity, communal harmony, or national security. The section creates separate offences relating to incitement of mutiny, public alarm, communal hostility, and the promotion of enmity, with enhanced punishment where communal hatred is promoted in a place of worship or during religious ceremonies. At the same time, the statutory Exception protects those who reasonably believe the information to be true and communicate it in good faith without any unlawful intent, thereby balancing the need to maintain public order with the protection of honest and responsible communication.