IPC Section 505: Statements conducting to public mischief

1. Whoever makes, publishes or circulates any statement, rumour or report
   1. 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
   2. 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 tranquility; or
   3. 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. 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.
3. Offence under sub-section (2) committed in place of worship, etc. – 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.

Exceptions

1. It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 2in good faith and without any such intent as aforesaid.

IPC Section 505: Simplified Explanation

IPC Section 505 addresses the offence of “Statements conducing to public mischief.” This section is designed to penalize individuals who make, publish, or circulate any statement, rumour, or report with the intent or knowledge that it 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 public tranquillity. Additionally, it covers statements that incite or are likely to incite enmity, hatred, or ill-will between different groups. 

This law aims to prevent the spread of misinformation or inflammatory statements that could disrupt public order or communal harmony. 

Is IPC Section 505 bailable? 

IPC Section 505 is non-bailable for subsections (2), (3), and (4), which deal with more severe situations like promoting enmity between groups or making statements that can cause harm to the state. However, the offence is bailable for subsection (1), which deals with less severe cases of causing alarm or fear. 

IPC Section 505 Punishment 

The punishment for an offence under IPC Section 505 varies based on the subsection: 

• Subsection (1): Imprisonment, which may extend to three years or fine or both. 
• Subsection (2): Imprisonment, which may extend to three years or fine or both. 
• Subsection (3): Imprisonment, which may extend to five years and shall also be liable to a fine. 
• Subsection (4): Imprisonment, which may extend to three years or fine or both. 

These penalties reflect the seriousness of disrupting public peace and security. 

Example of IPC Section 505 

A real-life example of IPC Section 505 could involve an individual spreading false information on social media, claiming that a certain community is planning an attack on another. This misinformation leads to panic, fear, and sometimes violent clashes between the communities. Law enforcement identifies and arrests the individual responsible for the original false statement, charging them under IPC Section 505 for their role in creating public mischief and inciting enmity between groups.