IPC Section 502: Sale of Printed or Engraved Defamatory Matter - BNS Section 356(4)
Section 502 of the Indian Penal Code, 1860 punished knowingly selling or offering for sale printed or engraved material containing defamatory matter. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 356(4), applicable under the new criminal law framework from 1 July 2024.
Current provision: BNS Section 356(4).
Maximum punishment: Simple imprisonment for two years, or fine, or both.
Key requirement: Knowledge that the printed or engraved material contains defamatory matter.
What did IPC Section 502 provide?
The former Section 502 stated:
Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
The section specifically addressed the sale or offer for sale of defamatory printed or engraved material. It was distinct from the act of printing or engraving that material, which was addressed by IPC Section 501.
Current law: BNS Section 356(4)
Section 356(4) of the Bharatiya Nyaya Sanhita, 2023 continues the offence concerning the sale or offer for sale of printed or engraved material containing defamatory matter, where the seller knows that it contains such matter. It provides for simple imprisonment up to two years, or a fine, or both.
Section 356 consolidates the former IPC defamation provisions: the definition and exceptions, punishment for defamation, printing or engraving defamatory matter, and sale of defamatory printed or engraved matter. Read the authoritative enacted text on the India Code portal (search for the Bharatiya Nyaya Sanhita, 2023, Section 356).
Essential ingredients of the offence
- Printed or engraved material: The subject of the sale or offer must be a printed or engraved substance.
- Defamatory content: The substance must contain matter that amounts to defamation under the applicable statutory definition, subject to its exceptions.
- Sale or offer: The accused must sell or offer that material for sale. A completed sale is not the only act covered.
- Knowledge: The accused must know that the material contains defamatory matter. Mere possession, without the statutory conduct and knowledge, is insufficient under this provision.
Whether a statement is defamatory depends on the complete statutory context, including the nature of the imputation, the harm to reputation and any applicable exception.
Punishment and procedural classification
| Issue | Position |
|---|---|
| Former law | IPC Section 502 |
| Current corresponding law | BNS Section 356(4) |
| Maximum imprisonment | Two years, simple imprisonment |
| Alternative sentence | Fine, or both imprisonment and fine |
| Classification | Non-cognizable and bailable under the BNSS First Schedule |
| Trial | Magistrate of the First Class |
| Complaint procedure | BNSS Section 222, subject to its statutory rules and exceptions |
The classification and forum should be checked against the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 and any applicable special procedural provisions.
What is defamatory matter?
IPC Section 499 historically defined defamation; the current definition appears in BNS Section 356(1). In substance, an imputation about a person made or published through words, signs or visible representations may be defamatory when made with the relevant intention, knowledge or reason to believe that it will harm reputation, subject to statutory explanations and exceptions.
Defamation can concern a living person, certain imputations concerning a deceased person, or a company or identifiable association. The statutory provision also addresses indirect, alternative and ironic imputations and explains what may constitute reputational harm.
Ten statutory exceptions to defamation
Section 356(1) retains the familiar framework of ten exceptions. Their application depends on the facts and the precise statutory conditions:
- Truth for public good: A true imputation where publication is required for the public good.
- Public servants: Good-faith opinions on public conduct of public servants, within the prescribed limits.
- Public questions: Good-faith opinions on conduct relating to public questions.
- Court proceedings: Substantially true reports of judicial proceedings or their results.
- Decided cases: Good-faith opinions on the merits of decided cases or relevant conduct of participants.
- Public performances: Good-faith criticism of performances submitted to public judgment.
- Lawful censure: Good-faith censure by a person having lawful authority in matters within that authority.
- Accusations to authorities: Good-faith accusations made to persons with lawful authority.
- Protection of interests: Good-faith imputations made to protect legitimate interests or for the public good.
- Cautions: Good-faith cautions intended for the recipient's benefit or the public good.
Important: Truth alone is not automatically a complete defence under the first exception; the public-good requirement also matters. Likewise, good faith requires due care and attention as understood in criminal law.
Practical illustrations
- Knowing sale: A bookseller knowingly offers for sale a printed pamphlet containing a defamatory allegation. Subject to proof of all ingredients and consideration of statutory exceptions, Section 356(4) may apply.
- No knowledge: A distributor sells a sealed publication without knowing that it contains defamatory material. The statutory knowledge element must still be established.
- Protected publication: A substantially true report of court proceedings may fall within a statutory exception; the content must be assessed before assuming it is defamatory.
How is a criminal defamation complaint filed?
Section 222 BNSS governs cognizance of defamation offences. Ordinarily, a court takes cognizance on a complaint by a person aggrieved by the offence, subject to specific statutory exceptions and procedures. The complaint should identify the allegedly defamatory material, the act of sale or offer for sale, the accused person's knowledge, and the circumstances showing reputational harm.
Criminal proceedings differ from a civil defamation action, in which damages or other civil remedies may be sought under applicable law. The existence of a publication or an allegation does not, by itself, establish criminal liability.
IPC Sections 499 to 502 and BNS Section 356
| Former IPC section | Subject | Corresponding BNS provision |
|---|---|---|
| 499 | Definition and exceptions to defamation | 356(1) |
| 500 | Punishment for defamation | 356(2) |
| 501 | Printing or engraving defamatory matter | 356(3) |
| 502 | Sale of printed or engraved defamatory matter | 356(4) |
Unlike Section 356(2), which expressly includes community service as an alternative for the general offence of defamation, Section 356(4) specifies simple imprisonment, fine or both. The sentencing options should not be conflated.
What happens to offences committed before 1 July 2024?
The BNS came into force on 1 July 2024. The relevant date of the alleged conduct, applicable savings provisions and procedural transition rules determine whether the former IPC or current BNS framework governs a particular case. The repeal-and-savings provision is contained in BNS Section 358.
Frequently asked questions
Is IPC Section 502 still applicable?
For conduct governed by the law in force from 1 July 2024, the corresponding offence is found in BNS Section 356(4). The former IPC may remain relevant to earlier conduct, subject to savings provisions.
What is the punishment under BNS Section 356(4)?
Simple imprisonment for up to two years, a fine, or both.
Can a person be punished merely for possessing a defamatory book?
Section 356(4) concerns knowingly selling or offering for sale printed or engraved defamatory material. Mere possession does not establish that offence.
Is the offence bailable?
Yes. The offence is classified as bailable and non-cognizable under the BNSS First Schedule.
Does this law cover every social media post?
No. Section 356(4) is specifically framed around the sale or offer for sale of printed or engraved substances. Other defamation provisions may be relevant to online publications, depending on the facts.
Official legal references
- India Code - official repository of central legislation: Bharatiya Nyaya Sanhita, 2023 (Sections 356 and 358), Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 222 and First Schedule), and Indian Penal Code, 1860 (Sections 499-502).
- Ministry of Home Affairs: official notifications and information on the new criminal laws.
This article is general legal information, not advice for a particular case. Consult the current statutory text and relevant judgments before acting.