BNS Section 356: (1) Defamation
Equivalent Legacy Law: IPC Section 499
💡 Simplified Explanation
BNS Section 356 deals with the legal rules and penalties for DEFAMATION. In simple terms: Making false statements about someone (by words, writing, or signs) to damage their reputation publicly.
Real-World Scenario
"Publishing a false social media post claiming a local restaurant owner uses rotten ingredients, ruining their business."
⚖️ Procedural Classification Summary
Defamation against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Non-cognizable (Police cannot arrest without warrant)
Triable by: Court of Session
Punishment: Simple imprisonment for 2 years, or fine, or both, or community service
Defamation in any other case
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Non-cognizable (Police cannot arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Simple imprisonment for 2 years, or fine, or both, or community service
Printing or engraving matter knowing it to be defamatory against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Non-cognizable (Police cannot arrest without warrant)
Triable by: Court of Session
Punishment: Simple imprisonment for 2 years, or fine, or both
Printing or engraving matter knowing it to be defamatory, in any other case
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Non-cognizable (Police cannot arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Simple imprisonment for 2 years, or fine, or both
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Non-cognizable (Police cannot arrest without warrant)
Triable by: Court of Session
Punishment: Simple imprisonment for 2 years, or fine, or both
Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter in any other case
Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Non-cognizable (Police cannot arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Simple imprisonment for 2 years, or fine, or both
📜 Official Statutory Provision
IPC Section is included as a sub section. 356 (2) Defamation punishment. 500 IPC section is included as a sub-section in BNS sans heading. “or with community service” is added as an alternate punishment. 356 (3) Printing or engraving matter known to be defamatory. 501 IPC Section is included as a sub-section in BNS sans heading. 356 (4) Sale of printed or engraved substance containing defamatory matter. 502 Ditto.