BNS 2023Chapter XIXIPC: IPC Section 499

Section 356

Defamation

Criminal Intimidation, Insult and Annoyance

Plain English Explanation

Defamation under BNS Section 356 is criminal defamation (civil defamation is under tort law). It requires: (1) Making or publishing a statement, (2) About an identified person, (3) With intent to harm reputation, (4) Which actually harms reputation. Truth is a complete defence if publication is for public good. Fair comment on matters of public interest and fair criticism of public acts are also defences. Criminal defamation was challenged in Subramanian Swamy v. Union of India (2016) and the Supreme Court upheld its constitutional validity.

Legal Text

Bharatiya Nyaya Sanhita, 2023 · Section 356

(1) Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said... to defame that person.

Keywords

defamationreputationslanderlibelcriminal defamationmedia lawtruth defence

Related Sections

S.355 S.357 S.358

Punishment

Up to 2 years imprisonment or fine or both

IPC Equivalent

IPC Section 499

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