Section 499, 500 IPC in BNS: Section 356 Defamation, Punishment

Sections 499 and 500 IPC are now Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 356(1) defines defamation and Section 356(2) punishes it with simple imprisonment up to two years, or fine, or both, or community service. Community service is the new option introduced by the BNS.

Look up any section: type an old or new section number into the free IPC to BNS converter to see its counterpart instantly.

What Section 356 BNS says

Under Section 356(1), a person commits defamation when, by spoken or written words, signs or visible representations, he makes or publishes an imputation about another person, intending to harm that person’s reputation, or knowing or having reason to believe that it will harm it.

Ingredients

1. An imputation about a person (including a company, association or group).
2. It is made or published, that is, communicated to someone other than the person defamed.
3. It is made with intent to harm, or knowledge or reason to believe it will harm, that person’s reputation.

The explanations in brief

• An imputation about a dead person can be defamation if it would have harmed him if living and is meant to hurt his family.
• A company, association or collection of persons can be defamed.
• An imputation made ironically or as an alternative can be defamatory.
• Harm to reputation means lowering the person’s moral or intellectual character, standing in caste or calling, or credit, in the estimation of others.

The ten exceptions

1. Truth of an imputation, if publication is for the public good.
2. Good faith opinion on the public conduct of a public servant.
3. Good faith opinion on any person’s conduct touching a public question.
4. Substantially true reports of court proceedings.
5. Good faith opinion on the merits of a decided case, or the conduct of parties, witnesses or agents in it.
6. Good faith opinion on a work submitted to public judgment, such as a book or performance.
7. Censure in good faith by a person with lawful authority over another.
8. Accusation in good faith to a person with lawful authority, such as a complaint to the police.
9. Imputation in good faith to protect one’s own or another’s interest, or for the public good.
10. Caution given in good faith for the good of the person cautioned or the public.

Note that truth alone is not a defence under Exception 1. The publication must also be for the public good.

What changed from the IPC

• Four IPC sections (499 to 502) are merged into one section with four sub-sections.
• Community service is now a punishment option under Section 356(2). Section 4(f) BNS lists community service as a form of punishment, but the BNS does not lay down how much or what kind of service a court should order.
• The definition, explanations and ten exceptions remain substantially the same.

Procedure under the BNSS

• Who can complain: Section 222 BNSS (old 199 CrPC) allows a court to take cognizance only on a complaint by the person aggrieved. Others may complain on behalf of a child, a person of unsound mind, or a person who is sick or infirm, with the court’s leave.
• High functionaries: for defamation of the President, Vice-President, a Governor, a Union territory Administrator, a Minister or a public servant in respect of public functions, the Public Prosecutor may file a written complaint directly in the Court of Session, with prior sanction, within six months of the offence.
• Hearing before cognizance: under the first proviso to Section 223(1) BNSS, the Magistrate cannot take cognizance on a complaint without giving the accused an opportunity of being heard. This is a new safeguard and applies to defamation complaints.

Important case law

• Subramanian Swamy v. Union of India (2016): decided on 13 May 2016 by Justices Dipak Misra and P.C. Pant. The Supreme Court upheld the constitutional validity of Sections 499 and 500 IPC and Section 199 CrPC. It held that reputation is part of the right to life under Article 21, that criminal defamation is a reasonable restriction under Article 19(2), and that free speech must be balanced against the reputation of individuals. The reasoning carries over to Section 356 BNS, as the provision is substantially the same.

Common confusions

• Civil vs criminal defamation: a civil suit seeks damages; a criminal complaint under Section 356 seeks punishment. Both can be pursued on the same facts.
• Police FIR: defamation is non-cognizable, and Section 222 BNSS requires a complaint by the aggrieved person. Ordinarily the remedy is a complaint before the Magistrate, not an FIR.
• Section 356 vs Section 352: defamation is about harm to reputation in the eyes of others; Section 352 is about an insult meant to provoke breach of peace.

Practical guidance for the public

• Collect proof of the publication: screenshots with URL and date, copies of the newspaper or post, and witnesses who heard or read the statement.
• A legal notice is commonly sent first, though it is not legally required for a criminal complaint.
• File the complaint before the Judicial Magistrate of the first class with jurisdiction. The court will hear the accused before taking cognizance, then record evidence and decide whether to summon.
• The case can be settled at any stage by the person defamed (with court permission in Public Prosecutor cases).

Exam angle

• 499 to 356(1), 500 to 356(2), 501 to 356(3), 502 to 356(4).
• Community service: available under 356(2) only, not 356(3) or (4).
• Ten exceptions; Exception 1 requires truth plus public good.
• Subramanian Swamy (2016): criminal defamation upheld; reputation is part of Article 21.
• Procedure: Section 222 BNSS (old 199 CrPC) and the hearing proviso in Section 223 BNSS.

Frequently asked questions

What is the new section for 499 and 500 IPC?

Both are now in Section 356 BNS: the definition in 356(1) and the punishment in 356(2).

What is the punishment for defamation under BNS?

Simple imprisonment up to two years, or fine, or both, or community service.

Is defamation bailable under BNS?

Yes. It is bailable and non-cognizable.

Can police register an FIR for defamation?

Ordinarily no. It is non-cognizable and cognizance is taken on a complaint by the person aggrieved under Section 222 BNSS.

Is truth a defence to defamation?

Only if the imputation is true and its publication is for the public good (Exception 1).

Is criminal defamation constitutional in India?

Yes. The Supreme Court upheld it in Subramanian Swamy v. Union of India (2016).

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 4 and 356
• Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 222, 223 and 359, and First Schedule
• Subramanian Swamy v. Union of India (Supreme Court, 13 May 2016)
• Supreme Court Observer, case summary of Subramanian Swamy v. Union of India

This page is for education and general information, not legal advice for a specific case.