The BNS has introduced Section 353, an essential measure in the battle against misinformation. This new provision penalizes the deliberate creation, distribution, or publication of inaccurate information. Previously missing from the IPC, this section offers an additional legal resource to counter the proliferation of falsehoods, complementing existing laws targeting the same issue.

This section specifically focuses on statements that could incite public unrest, as detailed in the Bharatiya Nyaya Sanhita, 2023 (BNS).

Section 353 BNS: Misinformation Leading to Public Disturbance:

1. Any individual who creates, disseminates, or circulates any statement, false information, rumour, or report - by any means, including electronic methods - with the intent to cause, or which is likely to result in, the following consequences shall face punishments:
   1. Causing any officer, soldier, sailor, or airman in the Indian Army, Navy, or Air Force to mutiny or neglect their duties; or
   2. Inducing fear or alarm among the public or segments of society, thereby encouraging individuals to commit offences against the State or public order; or
   3. Provoking or being likely to provoke any group or community to commit offences against another group or community, shall incur imprisonment for a term of up to three years, or a fine, or both.
       
2. Any person who creates, disseminates, or circulates any statement or report containing false information, rumour, or alarmist news - by any means, including electronic methods - with the intent to instigate or potentially instigate, based on religion, race, birthplace, residence, language, caste, community, or any other grounds, feelings of animosity, hatred, or hostility among different religious, racial, linguistic, or regional groups or castes, shall be subject to imprisonment for a term of up to three years, or a fine, or both.
    
3. If a person commits the offence described in sub-section (2) within a place of worship or during a gathering engaged in religious ceremonies, they shall face imprisonment for up to five years and may also be liable for a fine.

This offence is classified as cognizable, non-bailable, and can be tried by any magistrate and corresponds to Section 505 of the IPC. The language of the provisions remains unchanged and has been maintained as it is, with the exception of the addition of the phrases "false information" and "including through electronic means" in sub-sections (1) and (2).

Exception: A person shall not be considered to have committed an offence under this section if they had reasonable grounds to believe that the statement, misinformation, rumour, or report was true and were made, published, or circulated in good faith without any harmful intent as described above.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565