jbp123/bns2 · Datasets at Hugging Face

THE BHARATIYA NYAYA SANHITA, 2023 stringlengths 1 809
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 tranquility; 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, placeof 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.Intentional
insult withintent toprovokebreach ofpeace.
Statements
conducing topublicmischief.5
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4599
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 ,
rumour or report, has reasonable grounds for believing that such statement, false information,rumour or report is true and makes, publishes or circulates it in good faith and without anysuch intent as aforesaid.
352. Whoever voluntarily causes or attempts to cause any person to do anything
which that person is not legally bound to do, or to omit to do anything which he is legallyentitled to do, by inducing or attempting to induce that person to believe that he or anyperson in whom he is interested will become or will be rendered by some act of the offenderan object of Divine displeasure if he does not do the thing which it is the object of theoffender to cause him to do, or if he does the thing which it is the object of the offender tocause him to omit, shall be punished with imprisonment of either description for a term whichmay extend to one year, or with fine, or with both.
Illustrations.
(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so
sitting, he renders Z an object of Divine displeasure. A has committed the offence defined inthis section.
(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own
children, under such circumstances that the killing would be believed to render Z an objectof Divine displeasure. A has committed the offence defined in this section.
353. Whoever, in a state of intoxication, appears in any public place, or in any place
which it is a trespass in him to enter, and there conducts himself in such a manner as to causeannoyance to any person, shall be punished with simple imprisonment for a term which mayextend to twenty-four hours, or with fine which may extend to one thousand rupees, or withboth or with community service.
Of Defamation
354. (1) Whoever, by words either spoken or intended to be read, or by signs or by
visible representations, makes or publishes in any manner, any imputation concerning anyperson intending to harm, or knowing or having reason to believe that such imputation willharm, the reputation of such person, is said, except in the cases hereinafter excepted, todefame that person.
Explanation 1.—It may amount to defamation to impute anything to a deceased person,
if the imputation would harm the reputation of that person if living, and is intended to behurtful to the feelings of his family or other near relatives.
Explanation 2.—It may amount to defamation to make an imputation concerning a
company or an association or collection of persons as such.
Explanation 3.—An imputation in the form of an alternative or expressed ironically,
may amount to defamation.
Explanation 4.—No imputation is said to harm a person’s reputation, unless that
imputation directly or indirectly, in the estimation of others, lowers the moral or intellectualcharacter of that person, or lowers the character of that person in respect of his caste or of hiscalling, or lowers the credit of that person, or causes it to be believed that the body of thatperson is in a loathsome state, or in a state generally considered as disgraceful.
Illustrations.
(a) A says— “Z is an honest man; he never stole B’s watch”; intending to cause it to
be believed that Z did steal B’s watch. This is defamation, unless it falls within one of theexceptions.
(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed
that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.Act causedby inducingperson tobelieve that hewill be renderedan object ofthe Divinedispleasure.
Misconduct in
public by adrunkenperson.
Defamation.5
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45100
(c) A draws a picture of Z running away with B’s watch, intending it to be believed that
Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.
Exception 1.— It is not defamation to impute anything which is true concerning any
person, if it be for the public good that the imputation should be made or published. Whetheror not it is for the public good is a question of fact.
Exception 2.— It is not defamation to express in good faith any opinion whatever
respecting the conduct of a public servant in the discharge of his public functions, orrespecting his character, so far as his character appears in that conduct, and no further.
Exception 3.— It is not defamation to express in good faith any opinion whatever
respecting the conduct of any person touching any public question, and respecting hischaracter, so far as his character appears in that conduct, and no further.
Illustration.
It is not defamation in A to express in good faith any opinion whatever respecting Z’s
conduct in petitioning Government on a public question, in signing a requisition for a meetingon a public question, in presiding or attending at such meeting, in forming or joining anysociety which invites the public support, in voting or canvassing for a particular candidatefor any situation in the efficient discharge of the duties of which the public is interested.
Exception 4.––It is not defamation to publish substantially true report of the
proceedings of a Court, or of the result of any such proceedings.
Explanation .—A Magistrate or other officer holding an enquiry in open Court
preliminary to a trial in a Court, is a Court within the meaning of the above section.
Exception 5.—It is not defamation to express in good faith any opinion whatever
respecting the merits of any case, civil or criminal, which has been decided by a Court, orrespecting the conduct of any person as a party, witness or agent, in any such case, orrespecting the character of such person, as far as his character appears in that conduct, andno further.
Illustrations.
(a) A says— “I think Z’s evidence on that trial is so contradictory that he must be
stupid or dishonest.” A is within this exception if he says this in good faith, inasmuch as theopinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness,and no further.
(b) But if A says— “I do not believe what Z asserted at that trial because I know him to
be a man without veracity”; A is not within this exception, inasmuch as the opinion whichexpress of Z’s character, is an opinion not founded on Z’s conduct as a witness.
Exception . 6—It is not defamation to express in good faith any opinion respecting the
merits of any performance which its author has submitted to the judgment of the public, orrespecting the character of the author so far as his character appears in such performance,and no further.
Explanation .—A performance may be submitted to the judgment of the public expressly
or by acts on the part of the author which imply such submission to the judgment of thepublic.
Illustrations.
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the
public.
(c) An actor or singer who appears on a public stage, submits his acting or singing to
the judgment of the public.5
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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 tranquility; 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, placeof 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.Intentional

insult withintent toprovokebreach ofpeace.

Statements

conducing topublicmischief.5

10

15

20

25

30

35

40

4599

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 ,

rumour or report, has reasonable grounds for believing that such statement, false information,rumour or report is true and makes, publishes or circulates it in good faith and without anysuch intent as aforesaid.

352. Whoever voluntarily causes or attempts to cause any person to do anything

which that person is not legally bound to do, or to omit to do anything which he is legallyentitled to do, by inducing or attempting to induce that person to believe that he or anyperson in whom he is interested will become or will be rendered by some act of the offenderan object of Divine displeasure if he does not do the thing which it is the object of theoffender to cause him to do, or if he does the thing which it is the object of the offender tocause him to omit, shall be punished with imprisonment of either description for a term whichmay extend to one year, or with fine, or with both.

Illustrations.

(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so

sitting, he renders Z an object of Divine displeasure. A has committed the offence defined inthis section.

(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own

children, under such circumstances that the killing would be believed to render Z an objectof Divine displeasure. A has committed the offence defined in this section.

353. Whoever, in a state of intoxication, appears in any public place, or in any place

which it is a trespass in him to enter, and there conducts himself in such a manner as to causeannoyance to any person, shall be punished with simple imprisonment for a term which mayextend to twenty-four hours, or with fine which may extend to one thousand rupees, or withboth or with community service.

Of Defamation

354. (1) Whoever, by words either spoken or intended to be read, or by signs or by

visible representations, makes or publishes in any manner, any imputation concerning anyperson intending to harm, or knowing or having reason to believe that such imputation willharm, the reputation of such person, is said, except in the cases hereinafter excepted, todefame that person.

Explanation 1.—It may amount to defamation to impute anything to a deceased person,

if the imputation would harm the reputation of that person if living, and is intended to behurtful to the feelings of his family or other near relatives.

Explanation 2.—It may amount to defamation to make an imputation concerning a

company or an association or collection of persons as such.

Explanation 3.—An imputation in the form of an alternative or expressed ironically,

may amount to defamation.

Explanation 4.—No imputation is said to harm a person’s reputation, unless that

imputation directly or indirectly, in the estimation of others, lowers the moral or intellectualcharacter of that person, or lowers the character of that person in respect of his caste or of hiscalling, or lowers the credit of that person, or causes it to be believed that the body of thatperson is in a loathsome state, or in a state generally considered as disgraceful.

Illustrations.

(a) A says— “Z is an honest man; he never stole B’s watch”; intending to cause it to

be believed that Z did steal B’s watch. This is defamation, unless it falls within one of theexceptions.

(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed

that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.Act causedby inducingperson tobelieve that hewill be renderedan object ofthe Divinedispleasure.

Misconduct in

public by adrunkenperson.

Defamation.5

10

15

20

25

30

35

40

45100

(c) A draws a picture of Z running away with B’s watch, intending it to be believed that

Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.

Exception 1.— It is not defamation to impute anything which is true concerning any

person, if it be for the public good that the imputation should be made or published. Whetheror not it is for the public good is a question of fact.

Exception 2.— It is not defamation to express in good faith any opinion whatever

respecting the conduct of a public servant in the discharge of his public functions, orrespecting his character, so far as his character appears in that conduct, and no further.

Exception 3.— It is not defamation to express in good faith any opinion whatever

respecting the conduct of any person touching any public question, and respecting hischaracter, so far as his character appears in that conduct, and no further.

Illustration.

It is not defamation in A to express in good faith any opinion whatever respecting Z’s

conduct in petitioning Government on a public question, in signing a requisition for a meetingon a public question, in presiding or attending at such meeting, in forming or joining anysociety which invites the public support, in voting or canvassing for a particular candidatefor any situation in the efficient discharge of the duties of which the public is interested.

Exception 4.––It is not defamation to publish substantially true report of the

proceedings of a Court, or of the result of any such proceedings.

Explanation .—A Magistrate or other officer holding an enquiry in open Court

preliminary to a trial in a Court, is a Court within the meaning of the above section.

Exception 5.—It is not defamation to express in good faith any opinion whatever

respecting the merits of any case, civil or criminal, which has been decided by a Court, orrespecting the conduct of any person as a party, witness or agent, in any such case, orrespecting the character of such person, as far as his character appears in that conduct, andno further.

Illustrations.

(a) A says— “I think Z’s evidence on that trial is so contradictory that he must be

stupid or dishonest.” A is within this exception if he says this in good faith, inasmuch as theopinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness,and no further.

(b) But if A says— “I do not believe what Z asserted at that trial because I know him to

be a man without veracity”; A is not within this exception, inasmuch as the opinion whichexpress of Z’s character, is an opinion not founded on Z’s conduct as a witness.

Exception . 6—It is not defamation to express in good faith any opinion respecting the

merits of any performance which its author has submitted to the judgment of the public, orrespecting the character of the author so far as his character appears in such performance,and no further.

Explanation .—A performance may be submitted to the judgment of the public expressly

or by acts on the part of the author which imply such submission to the judgment of thepublic.

Illustrations.

(a) A person who publishes a book, submits that book to the judgment of the public.

(b) A person who makes a speech in public, submits that speech to the judgment of the

public.

(c) An actor or singer who appears on a public stage, submits his acting or singing to

the judgment of the public.5

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