Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 356 of the Bharatiya Nyaya Sanhita, 2023—found in Chapter XIX: Criminal Intimidation, Insult, Annoyance, Defamation, etc.
📜 Section 356 – Defamation
🔹 Offence Defined
Anyone commits defamation who, by spoken or written words, signs, or visible representations, makes or publishes any imputation about a person with intent to harm—or knowing it could harm—their reputation (sudhirrao.com).
This includes imputations regarding a deceased person, if the statement hurts their family or relatives (sudhirrao.com).
Applies also to companies or associations (sudhirrao.com).
Even ironic or alternative expressions may be defamation if they lower the individual’s moral, intellectual, social, or professional standing (testbook.com).
⚖️ Punishment
Up to 2 years simple imprisonment, and/or a fine (sudhirrao.com).
🛡️ Legal Classification
Cognizable: ❌ Non‑cognizable — police cannot arrest without warrant (testbook.com)
Bailable: ✅ Bailable — the accused is entitled to bail (testbook.com)
Compoundable: ✅ Yes — the offended party can agree to settle the matter (testbook.com)
Triable by: First-Class Magistrate (timesofindia.indiatimes.com)
📚 Notable Improvements & Applications
Largely aligns with IPC Section 499, preserving the fundamental structure but adapting language to fit the digital age (testbook.com).
Clarifies that digital communications (e.g., online posts) are included in “visible representations” and subject to defamation laws (testbook.com).
Recognizes community service as an alternative sentence under Section 4(f) for defamation, effective from July 2024 (lexology.com).
Incorporates extensive “exceptions” for truthful statements or fair, good faith expressions about public servants, judicial proceedings, criticism of performance, and for public interest (myjudix.com).
✅ Summary Table
Feature
Details
Offence
Intentionally harming reputation
Imprisonment
Up to 2 years
Fine
Yes
Cognizable
No
Bailable
Yes
Compoundable
Yes
Trier
First-Class Magistrate
🧭 Why It Matters
BNS 356 modernizes defamation law to cover both offline and online speech, balancing the need for protecting reputations with freedom of expression. The option for community service reflects a progressive shift toward reformative justice
Would you like a side-by-side comparison with IPC Section 499, legal interpretations of “good faith exceptions,” or guidance on drafting safe digital communications? I’d be glad to help!
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