BNS 353 — Statements conducing to public mischief.

Bharatiya Nyaya Sanhita, 2023

Statutory text

353.  (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, rumor or report, has reasonable grounds for
believing  that  such  statement,  false  information,  rumor  or  report  is  true
and  makes,  publishes  or  circulates  it  in  good  faith  and  without  any  such
intent as aforesaid.
Act caused by inducing person to believe that he will be rendered
an object of Divine displeasure.

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