Bharatiya Nyaya Sanhita: Section 353 – Statements conducing to public mischief

(1) Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means—
(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.

(2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, 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.

(3) Whoever commits an offence specified in sub-section (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.
Exception: It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, false information, rumour or report, has reasonable grounds for believing that such statement, false information, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.

Simplified Explanation

Section 353 of the Bharatiya Nyaya Sanhita 2023 addresses offenses related to statements that could lead to public mischief, including the dissemination of false information or rumors that can cause harm to public order, incite violence, or disturb public peace.

Key Provisions of Section 353:

Subsection 1: (False Information, Rumor, or Report Leading to Misconduct)

• Offenses:
  • Making, publishing, or circulating false statements, including electronic means, with the intention to cause:
    • Mutiny or the disregard of duty among military personnel (Army, Navy, Air Force),
    • Fear or alarm to the public, or any section of the public, potentially leading to offenses against the State or public tranquility,
    • Incitement of any class or community to commit offenses against another class or community.
• Punishment:
  • Imprisonment up to three years, or a fine, or both.

Subsection 2: (Creating Hatred or Enmity Between Groups)

• Offenses:
  • Publishing or circulating false information, rumors, or alarming news that could create or promote:
    • Hatred, enmity, or ill will between different religious, racial, linguistic, caste, or regional groups.
• Punishment:
  • Imprisonment up to three years, or a fine, or both.

Subsection 3: (Offenses in Places of Worship or Religious Assemblies)

• Offenses:
  • Committing the offense mentioned in Subsection 2 within a place of worship or during religious ceremonies or assemblies.
• Punishment:
  • Imprisonment up to five years and a fine.

Exception:

• The section does not apply if the person making, publishing, or circulating the statement has reasonable grounds to believe it is true and does so in good faith, without any intent to cause mischief or harm.

Summary:

Section 353 punishes the making, publication, or circulation of false statements, rumors, or reports that could cause:

1. Mutiny among military personnel,
2. Fear or alarm to the public, leading to a threat to public order,
3. Incitement to violence between communities,
4. Promoting hatred or ill-will between groups, especially on sensitive issues like religion, race, caste, or language. The law also specifically targets statements made in places of worship or during religious gatherings, with enhanced penalties in such cases.

This section aims to protect public peace and harmony by penalizing those who spread divisive or harmful information.