● Modified in BNS
Making, publishing or circulating a statement intended or likely to incite mutiny, cause public fear or alarm leading to an offence, or incite one community against another, carries up to 3 years' imprisonment under BNS Section 353 (up to 5 years for the communal-enmity limb committed in a place of worship). The offence structure and its good-faith exception are unchanged from IPC 505; BNS adds "false information" as a newly named term and explicitly covers commission "through electronic means."
Section 505 IPC punished, in three limbs under sub-section (1), making or circulating a statement, rumour or report intended or likely to incite the armed forces to mutiny or dereliction of duty, to cause fear or alarm inducing an offence against the state or public tranquillity, or to incite one class or community against another. Sub-section (2) separately punished statements likely to promote enmity or hatred between groups; sub-section (3) raised the punishment for that limb if committed in a place of worship. An Exception protected good-faith statements the maker had reasonable grounds to believe true, made without the requisite intent.
BNS Section 353 reproduces the three intent-based limbs, the enmity ground, the place-of-worship aggravation, and the good-faith Exception unchanged, but adds "false information" as a newly named alternative to "statement, rumour, report" throughout, and explicitly adds "including through electronic means" to both operative sub-sections -- phrases absent from IPC 505's text.
The offence structure, its three intent-based limbs, and the good-faith Exception are unchanged. The two verified additions are "false information" named as a distinct term alongside statement/rumour/report, and explicit coverage of commission through electronic means.
Sub-section (1): imprisonment up to 3 years, or fine, or both. Sub-section (2): imprisonment up to 3 years, or fine, or both. Sub-section (3) (sub-section (2) offence committed in a place of worship or religious assembly): imprisonment up to 5 years, and fine..
IPC 505 is non-bailable..
This is a non-cognizable for sub-section (1); cognizable for sub-sections (2) and (3). offence.
Non-compoundable..
Matters under IPC 505 are tried before the Any Magistrate..
Common defences include the good-faith Exception -- a statement made without the requisite intent and on reasonable grounds believed to be true -- and absence of the specific intent or likely effect described in the limb charged.
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