Indian Criminal Law | Updated 31 October 2026
IPC Section 504 and BNS Section 352: Intentional Insult with Intent to Provoke Breach of Peace
Section 504 of the Indian Penal Code, 1860 dealt with intentional insult likely to provoke a breach of public peace. For offences under the new criminal law, the corresponding provision is Section 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS), effective from 1 July 2024.
Meaning of intentional insult under IPC 504 and BNS 352
Criminal liability is not attracted by every rude statement or disagreement. The offence requires an intentional insult that gives provocation, coupled with the intention or knowledge that the provocation is likely to cause the person insulted to break public peace or commit another offence.
Original wording of IPC Section 504
Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
BNS Section 352, titled "Intentional insult with intent to provoke breach of peace", substantially carries forward this offence and its maximum punishment. The applicable statute depends on the date of the alleged conduct and the relevant transitional provisions.
Essential ingredients of the offence
- Intentional insult: The accused deliberately insults another person, rather than making an accidental or innocuous remark.
- Provocation: The insult is of a nature that gives provocation to the person addressed.
- Requisite intention or knowledge: The accused intends, or knows it to be likely, that the provocation will lead to a breach of public peace or commission of another offence.
- Assessment of circumstances: The words, conduct, context and surrounding events must be considered together. The mere use of offensive language, without the remaining statutory elements, is insufficient.
Punishment, bail and criminal procedure
Under BNS Section 352, the punishment is imprisonment of either description for a term extending to two years, or fine, or both. The former IPC Section 504 provided the same maximum punishment.
Under the general entry in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), this offence is non-cognizable and bailable and triable by any Magistrate. A non-cognizable offence ordinarily requires the prescribed Magistrate's order before police investigation under BNSS Section 174; a complaint before a competent Magistrate may also be considered. If the same incident includes other offences, the applicable procedure may differ.
For conduct before 1 July 2024, the IPC and the earlier procedural law may remain relevant, subject to the repeal and savings provisions. The facts and the law in force at the relevant time must be checked.
IPC Section 504 case laws and citations
The original page identified the following historical authorities. Their exact reported citations and applicability should be checked against the full judgments before relying on them in a court filing:
- Pukhraj - reported in the source page as "1953( 3 Raj. 983" (citation requires verification).
- Abraham - AIR 1960 Kerala 236 (case name and ratio should be verified).
- Mohd. Sabad Ali v. Thuleswar Borah - reported in the source page as (1954) 6 Assam 279 (citation requires verification).
Courts assess whether the allegation discloses the specific intent or knowledge required by the section, rather than treating all abusive or unpleasant words as criminal intimidation or provocation. Case-law propositions should be tied to the actual judicial decision and facts.
For additional case-law research, see the site's Indian Penal Code case-law collection and the Supreme Court of India website.
Practical illustrations
Example 1: Deliberate provocation
A person deliberately insults another during a tense confrontation, intending to provoke an immediate violent response. Depending on the evidence and surrounding circumstances, the elements of Section 352 may be present.
Example 2: Mere disagreement
Two persons exchange harsh opinions in a private argument, without evidence of intent or knowledge that a breach of public peace or another offence is likely. Offensive words alone do not automatically establish Section 352.
Example 3: Threats in addition to insults
If a person also threatens injury to another's person, reputation or property, the facts may separately raise criminal intimidation under former IPC Section 503, now addressed in BNS Section 351.
Frequently asked questions
What is the current equivalent of IPC Section 504?
Section 352 of the Bharatiya Nyaya Sanhita, 2023 addresses intentional insult with intent to provoke breach of peace.
Is every abusive statement punishable?
No. The prosecution must establish intentional insult, provocation, and the requisite intent or knowledge that it is likely to lead to a breach of public peace or another offence.
What is the punishment?
Imprisonment of either description for up to two years, or fine, or both.
Is the offence bailable?
Under the general classification in the BNSS First Schedule, Section 352 BNS is non-cognizable and bailable, triable by any Magistrate. Other offences and local legal variations may affect a case.
Can old IPC Section 504 still apply?
It can remain relevant to conduct occurring before the new criminal laws took effect on 1 July 2024, subject to savings and transitional provisions.
Official legislation and related reading
- India Code - official repository of central legislation (search Bharatiya Nyaya Sanhita, 2023, Section 352).
- Ministry of Home Affairs - notifications and information concerning the new criminal laws.
- Bharatiya Nagarik Suraksha Sanhita, 2023 - First Schedule and Section 174 (official India Code repository).
- IPC important sections and punishments.
- How to register a police complaint.
This article provides general legal information, not advice on any particular case. Verify the current statutory text, applicable notifications and jurisdiction-specific procedure before acting.