Indian Criminal Law | Updated October 2026

IPC Section 505 and BNS Section 353: Statements Conducing to Public Mischief

A detailed guide to statements, rumours and reports that may cause public mischief, promote hostility between groups, or incite offences, with the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023.

Current law: For conduct governed by the new criminal laws from 1 July 2024, the corresponding provision is Section 353 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Former IPC Section 505 remains important for older incidents and pending proceedings, subject to savings and transitional rules. The text below distinguishes the historical IPC provision from current law.

Meaning of statements conducing to public mischief

Section 353 BNS concerns making, publishing or circulating statements, false information, rumours or reports in circumstances specified by the law. The prohibited outcomes include interference with the duties of armed forces personnel, public fear or alarm that may induce an offence against the State or public tranquillity, and incitement of offences by one class or community against another.

Separate provisions cover statements intended or likely to promote enmity, hatred or ill-will between groups on protected or other grounds. Whether an offence is established depends on the actual words, their context, the statutory mental element, their likely effects and the available evidence.

BNS Section 353: Provisions and punishments

Provision	Conduct addressed	Maximum punishment
BNS 353(1)	Specified statements, false information, rumours or reports involving armed forces duties, public fear or alarm, or incitement between classes or communities.	Imprisonment up to 3 years, or fine, or both.
BNS 353(2)	Statements, false information, rumours or alarming news creating or promoting enmity, hatred or ill-will between specified groups.	Imprisonment up to 3 years, or fine, or both.
BNS 353(3)	Offence under subsection (2) committed in a place of worship or an assembly engaged in religious worship or ceremonies.	Imprisonment up to 5 years and fine.

The precise statutory wording and any amendments must be consulted for case-specific application. The BNS wording includes references to electronic means; the earlier IPC text is reproduced separately below.

Historical text of IPC Section 505

The original page reproduced the substance of Section 505 of the Indian Penal Code, 1860. Its material provisions are retained below for reference.

Section 505(1): Statements conducing to public mischief

Whoever makes, publishes or circulates any statement, rumour or report:

(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or

(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

Section 505(2): Statements creating or promoting enmity, hatred or ill-will between classes

Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

Section 505(3): Offence in a place of worship

Whoever commits an offence specified in subsection (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

Statutory exception: Reasonable belief, good faith and absence of prohibited intent

IPC Section 505 included an exception where a person had reasonable grounds for believing a statement, rumour or report to be true and made, published or circulated it in good faith without the prohibited intent. BNS Section 353 retains a corresponding exception. It is not an automatic exemption for every forwarded message: the reasonable grounds, good faith and lack of prohibited intent must be assessed on the evidence.

Good faith is a legal standard; it is not established merely because the speaker asserts that they believed the material. Verification, source reliability and the surrounding circumstances can be relevant.

Investigation, bail and criminal procedure

Offences under BNS Section 353 are classified under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The applicable classification and court depend on the particular subsection and any other charged offences. The ordinary Section 353 offences are generally treated as cognizable and non-bailable under the central schedule; readers should verify the precise schedule entry and applicable State amendments for their case.

Police may investigate a cognizable offence according to the BNSS. Bail is determined by the applicable legal provisions and judicial assessment; non-bailable does not mean bail can never be granted. The BNSS also contains rules requiring prior sanction for certain prosecutions involving offences affecting public tranquillity, including provisions corresponding to the former CrPC Section 196; the applicable provision and facts should be checked before filing or taking cognizance.

Online statements and electronic evidence

Public posts, electronic messages, videos and forwards may be relevant evidence. Preserve the complete communication, original URLs, timestamps, sender details and context where lawful. Electronic records may require compliance with the Bharatiya Sakshya Adhiniyam, 2023, including its provisions governing electronic evidence.

Practical illustrations

Rumour causing public alarm: Circulating a fabricated warning with the required intent or likely consequence of inducing offences against public tranquillity may attract Section 353(1), depending on proof.
Hostility between communities: Publishing a message designed or likely to promote hatred between religious or language groups may engage Section 353(2).
Religious gathering: Commission of a Section 353(2) offence at a place of worship or qualifying religious assembly may attract the enhanced punishment under Section 353(3).
Good-faith reporting: Responsible reporting supported by reasonable grounds and without prohibited intent may fall within the statutory exception, subject to the facts.

These are simplified illustrations, not determinations of criminal liability. Courts examine the language used, its audience, context, evidence and statutory requirements.

Related criminal-law provisions

For context, see IPC Section 503: criminal intimidation (corresponding to BNS Section 351) and IPC Section 504: intentional insult likely to provoke breach of peace (corresponding to BNS Section 352). These offences have distinct ingredients; a threatening or offensive statement does not automatically establish public mischief under Section 353.

Frequently asked questions

What is the current equivalent of IPC Section 505?

BNS Section 353 addresses statements conducing to public mischief. The IPC remains relevant to acts committed before the new criminal laws commenced, subject to applicable savings and transitional rules.

What is the punishment under BNS Section 353?

For the ordinary offences in subsections (1) and (2), imprisonment may extend to three years, or a fine, or both. For the aggravated offence under subsection (3), imprisonment may extend to five years and a fine is also applicable.

Does every false or alarming social-media post constitute an offence?

No. The prosecution must establish the elements of the applicable subsection, including the relevant intent or likelihood of the specified harmful consequences. Context, evidence and the statutory good-faith exception matter.

Does the law contain a good-faith exception?

Yes. The exception addresses statements made with reasonable grounds to believe them true, in good faith, and without the prohibited intent. Its application depends on the facts.

Can the provision apply to online posts and forwarded messages?

The words making, publishing or circulating may cover online communications when the statutory requirements are proved. Merely receiving a message is not automatically the same as culpable publication or circulation.

Official legislation and reference sources

Consult the current official statutory texts and schedules for authoritative wording and amendments:

India Code - Government of India legislation portal (search for the Bharatiya Nyaya Sanhita, 2023, Act 45 of 2023, Section 353).
Ministry of Home Affairs (new criminal laws and commencement notifications).
India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (First Schedule and applicable procedure).
India Code - Bharatiya Sakshya Adhiniyam, 2023 (electronic evidence).

This page provides general legal information, not advice for a particular proceeding. Verify current statutory amendments, notifications and local rules before relying on a provision.