BNS Section 356 – Defamation

Section Overview

Section Number: 356
Section Title: Defamation
Act: Bharatiya Nyaya Sanhita, 2023 (BNS)
Status: Active (Replaced IPC provisions)
Applicability: Entire India

Original Legal Text

(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 any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame 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 be hurtful to the feelings of his family or other near relatives.

Applicability

This section applies to:

• Spoken defamatory statements

• Written defamation (articles, posts, messages)

• Social media posts

• False allegations damaging reputation

• Media publications

• Public speeches

• Defamation of deceased persons

Section Explanation

Simple Explanation (Plain English)

BNS Section 356 punishes a person who makes false statements about someone that harm their reputation.

This can happen through:

• Words (spoken or written)

• Signs or gestures

• Online posts or media reports

👉 The key idea is damage to reputation caused intentionally or knowingly.

Hinglish Explanation

Agar koi vyakti kisi dusre ke baare mein:

• jhoothi baat bole

• ya aisa allegation lagaye jo uski image kharab kare

aur uska intention ho ya use pata ho ki isse reputation damage hoga, to ye defamation (BNS 356) hota hai.

Legal Definition

Defamation under Section 356 involves:

• Making or publishing imputation

• Concerning a person

• With intent or knowledge of reputational harm

• Through any medium (spoken, written, visual, digital)

It also includes defamation of deceased persons, if it harms family reputation or feelings.

Practical Interpretation

Courts analyze defamation cases by checking:

• Whether statement is defamatory

• Whether it refers to the complainant

• Whether it was published or communicated

• Whether there is intent or negligence

• Whether reputation was actually harmed

Common real-world contexts:

• Political allegations

• Media reporting disputes

• Social media posts

• Business reputation attacks

• Workplace defamation

Punishment & Legal Classification

Punishment

• Simple imprisonment up to 2 years, or

• Fine, or

• Both

Bailable or Non-Bailable

• Generally Bailable

Cognizable or Non-Cognizable

• Generally Non-Cognizable

Compoundable

• Compoundable with permission of court

Triable By

• Judicial Magistrate First Class (JMFC)

 IPC ↔️ BNS Mapping

Mapping Explanation

BNS Section 356 consolidates:

• Definition of defamation (IPC 499)

• Punishment for defamation (IPC 500)

The BNS retains all exceptions and defences from IPC jurisprudence.

Real-Life Examples

Example 1: Social Media Post

A person posts online:
“XYZ is a fraud and has cheated multiple clients,” without proof.

👉 If false and reputation is harmed → Section 356 applies.

Example 2: Workplace Defamation

An employee falsely tells colleagues that another employee is stealing company money.

👉 Damages reputation → Section 356 applies.

Example 3: Media Allegation

A news article publishes unverified claims about a public figure engaging in illegal activity.

👉 If false and reputational harm occurs → Section 356 applies.

Landmark Judgments

Case Name: Subramanian Swamy v. Union of India

Court: Supreme Court

Key Takeaway:

Defamation is a reasonable restriction on freedom of speech under Article 19(2) of the Constitution.

Case Name: Shreya Singhal v. Union of India

Court: Supreme Court

Key Takeaway:

Free speech is protected, but defamatory statements that harm reputation can be restricted.

Case Name: D.P. Choudhary v. Manjulata

Court: High Court

Key Takeaway:

Even indirect statements that damage reputation can amount to defamation.

Judicial Principles

• Truth is a defence (with conditions)

• Intention or knowledge matters

• Publication is essential

• Reputation is legally protected

Legal Insights

When is Section 356 Applied?

• False allegations in public domain

• Social media defamation cases

• Business reputation disputes

• Political statements

• Media reporting controversies

Common Misuse Scenarios

• Civil disputes turned into criminal complaints

• Criticism misinterpreted as defamation

• Online opinions mistaken for allegations

• Rivalry-driven complaints

Defenses Available

 Truth for Public Good

True statements made in public interest.

 Fair Comment

Opinion without malice.

 Privileged Communication

Statements made in legal or official duty.

Lack of Publication

No communication to third party.

Absence of Intent

No intention to harm reputation.