IPC Section 501: Printing or Engraving Matter Known to Be Defamatory
Section 501 of the Indian Penal Code, 1860 punished knowingly printing or engraving defamatory material. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 356(3), in force from 1 July 2024.
What did IPC Section 501 provide?
The original provision stated:
"Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both."
This wording is retained here as a historical reference. For conduct governed by the BNS from 1 July 2024, consult Section 356(3), subject to applicable transitional and savings provisions.
BNS Section 356(3): Current legal provision
Section 356 of the BNS addresses defamation. Sub-section (1) defines the offence and sets out its explanations, illustrations and exceptions; sub-section (2) prescribes punishment for defamation; sub-section (3) specifically penalises printing or engraving material when the person knows, or has good reason to believe, it is defamatory; and sub-section (4) addresses selling or offering for sale printed or engraved defamatory matter with the required knowledge.
The offence under Section 356(3) carries simple imprisonment for a term extending to two years, or a fine, or both. No fixed minimum sentence is stated in the provision.
Essential ingredients of the offence
- Printing or engraving: The accused must print or engrave the material in question.
- Defamatory matter: The material must qualify as defamatory under Section 356(1), including consideration of its statutory exceptions.
- Knowledge or good reason to believe: The accused must know, or have good reason to believe, that the matter is defamatory of a person.
- Proof: The prosecution must establish the applicable elements beyond reasonable doubt in a criminal case.
Simply being associated with a printing establishment does not, by itself, conclusively establish the statutory knowledge requirement. Responsibility depends on the facts, evidence and applicable legal principles.
What is defamation under BNS Section 356(1)?
In substance, defamation involves making or publishing an imputation concerning a person through spoken or written words, signs or visible representations, intending to harm, or knowing or having reason to believe that the imputation will harm, that person's reputation, subject to statutory exceptions. The provision also addresses imputations about deceased persons, companies or associations, indirect or ironic imputations, and the circumstances in which reputation is considered harmed.
Section 356(1) contains ten exceptions, including truth published for the public good, specified good-faith opinions on public conduct and questions, substantially true court reports, good-faith criticism of judicial cases and public performances, lawful censure, good-faith complaints to authorised persons, protection of legitimate interests and good-faith cautions. Whether an exception applies depends on the particular facts and its legal conditions.
Illustrative situations
- A person knowingly prints a leaflet containing a false, reputation-harming allegation about an identifiable individual. Depending on the evidence and exceptions, Section 356(3) may be relevant.
- A printer reproduces a substantially true report of court proceedings. The statutory exception for such reporting may be relevant, subject to its requirements.
- A printing contractor produces material without knowledge or good reason to believe that it is defamatory. The knowledge requirement under Section 356(3) remains important.
Digital posts or online republication are not automatically instances of "printing or engraving". Their legal classification requires examination of the actual conduct and other applicable provisions.
IPC 501 and BNS 356(3): Comparison
| Issue | IPC Section 501 | BNS Section 356(3) |
|---|---|---|
| Subject | Printing or engraving defamatory matter | Printing or engraving defamatory matter |
| Required mental element | Knowledge or good reason to believe | Knowledge or good reason to believe |
| Maximum imprisonment | Two years, simple | Two years, simple |
| Other punishment | Fine or both | Fine or both |
| Applicable period | Historical offences, subject to savings | Generally offences on or after 1 July 2024 |
Complaint, bail and trial procedure
Under the BNSS First Schedule, the offence under BNS Section 356(3) is classified as non-cognizable and bailable and is triable by a Magistrate of the First Class. The procedure for taking cognizance of defamation offences is governed by Section 222 BNSS, which generally requires a complaint by the person aggrieved, subject to the statutory special provisions.
A non-cognizable classification ordinarily means the police cannot investigate without the required Magistrate's order. The appropriate complaint procedure and jurisdiction depend on the facts and the law in force.
Related legal provisions
- BNS Section 356(1): Definition, explanations, illustrations and exceptions concerning defamation.
- BNS Section 356(2): General punishment for defamation, including a community-service option.
- BNS Section 356(4): Selling or offering for sale printed or engraved defamatory material with the requisite knowledge.
- BNSS Section 222: Prosecution for defamation.
- BNS Section 358: Repeal and savings, relevant to transitional issues.
Frequently asked questions
Is IPC Section 501 still the current provision?
No. For conduct governed by the new criminal code from 1 July 2024, the corresponding provision is BNS Section 356(3). Earlier conduct may require consideration of the former IPC and savings provisions.
What is the punishment for printing defamatory material?
Under BNS Section 356(3), simple imprisonment up to two years, a fine, or both.
Does every printing error amount to criminal defamation?
No. The material must be defamatory under the law and the required knowledge or good reason to believe must be established, with applicable exceptions considered.
Is the offence bailable?
Yes. The BNSS First Schedule classifies the offence under BNS Section 356(3) as bailable and non-cognizable.
Can a defamation claim also be brought in a civil court?
Depending on the circumstances, civil defamation remedies may be pursued separately. Criminal and civil proceedings have different legal requirements and remedies.
Official legal sources
- India Code: Bharatiya Nyaya Sanhita, 2023 (see Section 356).
- India Code: Bharatiya Nagarik Suraksha Sanhita, 2023 (see Section 222 and First Schedule).
- India Code: Indian Penal Code, 1860 (historical Sections 499-502).
Legal information is general in nature. The exact statutory text, relevant notifications, judicial interpretation and facts of a particular case should be checked before taking legal action.