BNS Section 356 (Old IPC 499/500): Defamation – Punishment & How to File a Case

Introduction

BNS Section 356 deals with the offence of defamation under the Bharatiya Nyaya Sanhita, 2023. The provision protects the reputation of individuals, companies, associations, and other entities from false and harmful imputations made through words, signs, writings, or visual representations.

The section corresponds to the former IPC Sections 499 and 500 and continues the legal framework relating to criminal defamation under Indian criminal law. At the same time, the law recognizes several exceptions to protect fair criticism, truthful statements made for public good, judicial reporting, and good-faith communications.

In this article, you will learn what BNS Section 356 covers, its punishment, bail provisions, court jurisdiction, legal procedure, important exceptions, and how it compares with the old IPC provisions.

What is BNS Section 356?

BNS Section 356 defines defamation as making or publishing any imputation concerning a person with the intention of harming, or knowing or having reason to believe that it will harm, that person's reputation.

The imputation may be made through:

• Spoken words;
• Written words;
• Signs;
• Visible representations; or
• Any other form of publication.

The law also recognizes that defamatory statements can affect deceased persons, companies, associations, and groups of individuals.

Bare Act Text

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 any person intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person, is said to defame that person.

Explanation 1

It may amount to defamation to impute anything to a deceased person if the imputation would have harmed that person's reputation if living and is intended to hurt the feelings of family members or near relatives.

Explanation 2

Defamation may also be committed against a company, association, or collection of persons.

Explanation 3

An imputation expressed indirectly, alternatively, or ironically may amount to defamation.

Explanation 4

An imputation harms reputation if it lowers a person's moral, intellectual, professional, social, or financial standing in the estimation of others.

In Simple Words

BNS Section 356 punishes a person who makes or publishes false and harmful statements that damage another person's reputation. The offence can occur through spoken words, written content, social media posts, signs, gestures, or other forms of communication.

Essential Ingredients of BNS Section 356

For an offence under BNS Section 356 to be established, the prosecution generally has to prove:

1. An imputation was made or published.
2. The imputation concerned a person, company, association, or group.
3. The statement was communicated to another person.
4. The accused intended to harm reputation or knew that harm was likely.
5. The case does not fall under any statutory exception.

Important Exceptions to Defamation

BNS Section 356 provides several exceptions where a statement will not amount to defamation.

Exception 1 – Truth for Public Good

A true statement made for the public good is not defamation.

Exception 2 – Opinion About Public Servants

Good-faith opinions regarding the conduct of public servants in discharge of public duties are protected.

Exception 3 – Opinion on Public Questions

Fair comments made in good faith on matters of public interest are protected.

Exception 4 – Court Proceedings

Publication of substantially true reports of court proceedings is not defamation.

Exception 5 – Opinion on Decided Cases

Good-faith opinions regarding decided judicial proceedings are protected.

Exception 6 – Review of Public Performances

Fair criticism of books, speeches, films, performances, or other works submitted to public judgment is protected.

Exception 7 – Lawful Censure

Persons having lawful authority may pass good-faith criticism relating to matters within their authority.

Exception 8 – Good-Faith Accusations

Good-faith complaints made before competent authorities are protected.

Exception 9 – Protection of Interests

Statements made in good faith to protect personal or public interests may not amount to defamation.

Exception 10 – Good-Faith Caution

Warnings given in good faith for the benefit of another person or for public good are protected.

Punishment Under BNS Section 356

A person convicted under BNS Section 356 may be punished with:

• Simple imprisonment up to 2 years; or
• Fine; or
• Community service; or
• Both imprisonment and fine.

Printing Defamatory Matter

A person who prints or engraves defamatory matter knowing it to be defamatory may be punished with:

• Simple imprisonment up to 2 years; or
• Fine; or
• Both.

Sale of Defamatory Material

A person who knowingly sells or offers for sale defamatory material may also face:

• Simple imprisonment up to 2 years; or
• Fine; or
• Both.

Classification of the Offence

Meaning of the Classification

Since the offence is non-cognizable, the police generally follow the procedure prescribed by law before commencing investigation.

The offence is bailable, meaning an accused person may obtain bail in accordance with legal provisions.

The offence is compoundable by the person whose reputation has allegedly been harmed.

Cases under BNS Section 356 are triable by a Magistrate First Class.

Bail Under BNS Section 356

BNS Section 356 is a bailable offence.

An accused person may apply for bail and is generally entitled to release on bail subject to compliance with legal requirements and court directions.

The grant of bail does not affect the merits of the case, which are decided during trial.

Which Court Has Jurisdiction?

Offences under BNS Section 356 are triable by a Magistrate First Class.

After filing of the complaint and completion of preliminary legal proceedings, the matter proceeds before the competent Magistrate for trial.

Step-by-Step Legal Process

1. Filing of a criminal complaint.
2. Examination of the complainant by the Magistrate.
3. Issuance of process where sufficient grounds exist.
4. Appearance of the accused.
5. Recording of evidence.
6. Examination of witnesses.
7. Defence evidence, if any.
8. Final arguments.
9. Pronouncement of judgment.
10. Sentencing upon conviction.
11. Appeal before the higher court, if applicable.

IPC Sections 499/500 vs BNS Section 356

BNS Section 356 substantially continues the provisions previously contained in IPC Sections 499 and 500. One notable addition is the express inclusion of community service as a possible punishment.

Important Case Laws

Subramanian Swamy v. Union of India (2016)

The Supreme Court upheld the constitutional validity of criminal defamation and recognized reputation as an important aspect of the right to life under Article 21 of the Constitution.

Jeffrey J. Diermeier v. State of West Bengal (2010)

The Supreme Court emphasized that publication of a defamatory statement and intention to harm reputation are essential elements of the offence.

Defences Available to the Accused

Depending upon the facts of the case, the accused may raise the following defences:

• Truth for public good.
• Fair comment made in good faith.
• Privileged communication.
• Good-faith complaint to authorities.
• Lack of intention to harm reputation.
• Absence of publication.
• Protection under one of the statutory exceptions.

The success of any defence depends upon the evidence produced before the court.

Real-Life Illustration

Suppose A knowingly publishes a false statement on social media accusing B of financial fraud without evidence. As a result, B's reputation suffers significant harm. If the statement does not fall within any statutory exception, A may be liable for defamation under BNS Section 356.

Similarly, publishing false allegations in newspapers, online platforms, public speeches, or printed material may attract criminal liability if the legal ingredients of defamation are satisfied.

Conclusion

BNS Section 356 is an important provision dealing with defamation under the Bharatiya Nyaya Sanhita, 2023. It protects the reputation of individuals and organizations while balancing the right to free expression through several statutory exceptions. The offence is non-cognizable, bailable, and compoundable by the defamed person. Understanding BNS Section 356 helps individuals understand the legal consequences, punishment, bail provisions, available defences, and procedural aspects relating to criminal defamation under Indian law.