Bharatiya Nyaya Sanhita: Section 352 – Intentional insult with intent to provoke breach of peace

Whoever intentionally insults in any manner, 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.

Simplified Explanation

Section 352 of the Bharatiya Nyaya Sanhita 2023 addresses the offense of intentional insult with the intent to provoke a breach of peace.

Key Provisions of Section 352:

Intentional Insult (Subsection 1):

  • Intentional insult involves deliberately insulting another person in any manner.
  • The purpose of this insult is to provoke the person in a way that is likely to cause:
    • A breach of public peace, or
    • The commission of another offense.

Punishment:

  • Whoever commits this offense will be punished with:
    • Imprisonment of either description (i.e., rigorous or simple) for a term that may extend to two years, or
    • Fine, or
    • Both imprisonment and fine.

Summary:

Section 352 punishes those who intentionally insult another person with the aim of provoking them to breach the public peace or commit an offense. The offense is punished with imprisonment for up to two years, a fine, or both.

This provision is designed to maintain public order by discouraging actions that may lead to violence or other unlawful acts through provocation.

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