Section 504 IPC in BNS: Section 352 Intentional Insult, Bail

Section 504 IPC is now Section 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Intentionally insulting a person, and thereby provoking him, intending or knowing that the provocation is likely to make him break the public peace or commit another offence, is punishable with imprisonment up to two years, or fine, or both. The offence is non-cognizable, bailable and compoundable by the person insulted.

What Section 352 BNS says

The section opens with the words “Whoever intentionally insults in any manner, and thereby gives provocation to any person”. The insult must be one that the accused intends, or knows is likely, to make the other person break the public peace or commit some other offence.

Ingredients

1. Intentional insult: the accused deliberately insulted the complainant. An accidental or careless remark is not enough.
2. Provocation: the insult was of a kind that gives provocation to the person insulted.
3. Intent or knowledge: the accused intended, or knew it was likely, that the provocation would cause the person to break the public peace or commit another offence.

The law does not require that the peace was actually broken. What matters is the nature of the insult and the accused’s state of mind.

What changed from the IPC

The punishment and classification are the same as under Section 504 IPC. The only textual change is the addition of the words “in any manner” after “intentionally insults”. This confirms that the insult can be by words, conduct, writing or electronic means.

Do not confuse the number with the old Section 352 IPC, which punished assault or criminal force otherwise than on grave provocation. That offence is now Section 131 BNS. Section 352 BNS is a completely different offence.

Section 352 and criminal intimidation

FIRs under the IPC often read “Sections 504 and 506”. Under the BNS, the equivalent pair is Sections 352 and 351. Section 351 BNS is criminal intimidation (old 503 and 506 IPC). Section 353 BNS covers statements conducing to public mischief (old 505 IPC).

Important case law

• Fiona Shrikhande v. State of Maharashtra (2013): the Supreme Court set out the three ingredients of Section 504 IPC and said that merely abusing a person is not by itself enough for conviction. It also held that the complaint need not reproduce the exact words used; the court reads the complaint as a whole, with its background and circumstances.
• B.V. Ram Kumar v. State of Telangana (2025 INSC 194): a senior’s reprimand of a subordinate at the workplace, concerning discipline and duties, was held not to be an intentional insult with intent to provoke. The insult must be of such a degree that a person would be provoked to break the peace or commit an offence. The proceedings were quashed.

Common confusions

• Abuse alone is not Section 352: rude or abusive words, without the intent or knowledge about breach of peace, do not complete the offence.
• Non-cognizable: the police cannot investigate without a Magistrate’s order. Usually the complaint is entered in the non-cognizable register, or a complaint is filed directly before the Magistrate.
• Insult must be to the complainant: the provocation must be given to the person insulted, not to a bystander.
• Section 352 BNS vs Section 79 BNS: where the insult is aimed at a woman’s modesty, Section 79 applies, which is cognizable and carries up to three years.

Practical guidance for the public

• As the offence is non-cognizable, the police will usually record the information and refer the complainant to the Magistrate (Section 174 BNSS). The complainant can also file a private complaint before the Judicial Magistrate.
• Note the date, place, exact words if possible, and names of witnesses. Keep recordings or messages.
• If the same incident involves threats, hurt or other cognizable offences, those are investigated by the police in the normal way.
• The offence can be settled by the person insulted without the court’s permission, which often ends neighbourhood or family disputes.

Exam angle

• 504 IPC to 352 BNS; 503/506 IPC to 351 BNS; 505 IPC to 353 BNS.
• Old 352 IPC (assault) is now 131 BNS; a favourite trap question.
• New words: “in any manner”.
• Non-cognizable, bailable, compoundable without permission, triable by any Magistrate; punishment up to two years, or fine, or both.

Frequently asked questions

What is the new section for 504 IPC?

Section 504 IPC is now Section 352 of the BNS.

Is Section 352 BNS bailable?

Yes. It is bailable and non-cognizable.

What is the new section for 504 and 506 IPC?

Section 504 IPC is Section 352 BNS, and Section 506 IPC (criminal intimidation) is Section 351 BNS.

Can a Section 352 BNS case be compromised?

Yes. The person insulted can compound it without the court’s permission.

Is abusing someone an offence under Section 352 BNS?

Only if the abuse is an intentional insult meant, or known to be likely, to provoke breach of the peace or another offence. Mere abuse is not enough.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 351, 352 and 353
• Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 174 and 359, and First Schedule
• Fiona Shrikhande v. State of Maharashtra (Supreme Court, 2013)
• B.V. Ram Kumar v. State of Telangana, 2025 INSC 194

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