BNS Section 353: Statements conducing to public mischief (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 353 of the Bharatiya Nyaya Sanhita (BNS) punishes making, publishing or circulating a statement, rumour or report, including in electronic form, that conduces to public mischief. It replaced Section 505 of the Indian Penal Code (IPC) from 1 July 2024. In plain terms, it targets false content spread to cause mutiny in the forces, to spread public fear that leads to offences against the State or public peace, or to set one group against another. The punishment runs up to three years, and up to five years where the offence is in a place of worship. This explainer sets out what Section 353 covers, how it maps to the old law, the punishment, and the exception. Last verified October 2026.

01Why the section number matters now

Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The offence of spreading statements that cause public mischief, which lawyers knew as Section 505 of the IPC, is now Section 353 of the BNS.

This matters in practice, and especially online. An FIR for an offence committed on or after 1 July 2024 cites Section 353, and the section expressly reaches content circulated in electronic form. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence.

02What Section 353 covers

Section 353 of the BNS punishes a person who makes, publishes or circulates any statement, false information, rumour or report, including through electronic means, with the intent or likely effect of causing public mischief.

It is aimed at content that can push soldiers to mutiny or neglect of duty, that can spread fear or alarm leading to offences against the State or public tranquillity, or that can incite one class or community against another.

03The three sub-sections

Section 353 is built in three parts, and the punishment rises with the gravity.

• Sub-section (1): false statements, rumours or reports, including electronic, made with intent to or likely to cause mutiny or neglect of duty in the forces, to cause public fear or alarm leading to offences against the State or public peace, or to incite one class or community against another.
• Sub-section (2): false information, rumour or alarming news that creates or promotes, or is likely to create or promote, enmity, hatred or ill-will between religious, racial, language or regional groups, or castes or communities.
• Sub-section (3): the same conduct as sub-section (2) when committed in a place of worship, or during a religious ceremony, which carries a higher punishment.

Each part needs the content to be false or alarming and the prohibited intent or likely effect, so lawful comment and honest reporting are outside its reach.

04Old to new: IPC 505 to BNS 353

Section 505 of the IPC is now Section 353 of the BNS. The structure is carried over, with the electronic-means language retained.

The good-faith exception is also carried over. The offence does not apply where the person had reasonable grounds to believe the content was true and acted in good faith, without the prohibited intent.

05Punishment and classification

Under Section 353(1) and 353(2), the punishment is imprisonment which may extend to three years, or fine, or both. Under Section 353(3), where the offence is committed in a place of worship or during religious worship or ceremonies, it is imprisonment which may extend to five years, and a fine.

On classification, the position varies across the sub-sections, so this is an area to check carefully. Secondary sources do not agree on a single label for the whole section.

06The good-faith exception

Section 353 carries an exception that protects honest conduct. The offence does not apply to a person who, having reasonable grounds to believe that the statement, rumour or report was true, made, published or circulated it in good faith and without the prohibited intent.

This keeps the section from catching genuine reporting or fair comment. The focus stays on false or alarming content spread to cause public mischief. Because the core wording is carried from Section 505 of the IPC, older judgments on Section 505 still guide how Section 353 is read.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Public-order charges like this often arrive with related counts and move fast, through bail pleas, quashing petitions and appeals in the High Courts and the Supreme Court. Claw lets you keep pace by searching cases, orders and hearing dates across 9,102 courts, benches and forums. Its searchable base has passed 30 crore judgments, carries Supreme Court decisions from 1950 and High Court decisions from 1990, and returns most searches in under five seconds, so you can trace the old Section 505 and the new Section 353 or follow a live matter by party or advocate name.

Claw does not use the case documents you upload to train its AI models. Open a free Claw account to follow a Section 353 matter by party or advocate name and read how courts applied the old Section 505. For research across the wider law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 353, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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