● Modified in BNS
Defaming another person carries simple imprisonment up to 2 years, or fine, or both, under BNS Section 356(2) -- the same ceiling as IPC 500, with community service added as a new sentencing option. It is a non-cognizable, bailable offence, ordinarily tried by a Magistrate of the First Class; the narrow category of defamation against the President, Vice-President, a State Governor, a Union territory Administrator, or a Minister (over the discharge of public functions, on a Public Prosecutor's complaint) instead goes to the Court of Session.
Section 500 IPC punished defamation -- as defined and excepted in Section 499 -- with simple imprisonment up to two years, or fine, or both. A separate classification under the CrPC First Schedule sent defamation of the President, Vice-President, Governor, an Administrator of a Union territory, or a Minister (in respect of the discharge of public functions, on a complaint by the Public Prosecutor) to the Court of Session, while an ordinary defamation case went to a Magistrate of the First Class.
BNS Section 356(2) reproduces the punishment verbatim -- simple imprisonment up to two years, or fine, or both -- but adds "or community service" as a new sentencing option, absent from IPC 500. The BNSS First Schedule preserves the same two-track trial-court split: defamation against the President, Vice-President, a State Governor, a Union territory Administrator, or a Minister regarding discharge of public functions, on a Public Prosecutor's complaint, goes to the Court of Session; every other defamation case goes to a Magistrate of the First Class.
The punishment ceiling is unchanged at two years plus fine, and the definition and Exceptions in the companion section (BNS 356(1), IPC 499, already published) carry over unchanged. The one verified addition is community service as an alternative sentence, newly available for defamation under the BNS.
Simple imprisonment up to 2 years, or fine, or both, or community service..
IPC 500 is bailable..
This is a non-cognizable. offence.
Compoundable without the permission of the court, by the person defamed, for an ordinary case; the narrow President/Vice-President/Governor/Administrator/Minister category is compoundable only with the permission of the court..
Matters under IPC 500 are tried before the Magistrate of the First Class for an ordinary case; Court of Session for defamation against the President, Vice-President, a State Governor, a Union territory Administrator, or a Minister regarding discharge of public functions, on a Public Prosecutor's complaint..
The Ten Exceptions carried over from BNS Section 356(1)/IPC 499 remain the primary defence -- truth stated for the public good, fair comment on the public conduct of a public servant, a fair report of judicial proceedings, and a good-faith imputation made for the protection of one's own or another's interests, among others. Absence of publication to a third party, and that the imputation did not actually harm reputation, are also raised.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons