Section 352 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed summary of Section 352 of the Bharatiya Nyaya Sanhita, 2023:
🧭 Section 352 – Intentional Insult with Intent to Provoke Breach of Peace
Offence Defined
Anyone who intentionally insults another person in any form—and by doing so provokes them in a way that the offender either intends or knows is likely to cause a breach of public peace or the commission of any other offence—is guilty under this section (lawrato.com).
Punishment
Imprisonment: Up to 2 years (simple or rigorous)
Fine: Or both imprisonment and fine (lawrato.com).
Characteristics
Intentional insult includes verbal, written, gestures, or any other mode aimed to offend.
Provocation requires that the insult reasonably be expected to stir the person to break public peace or commit an offence.
Mens rea: The offender must intend, or know, that their insult will likely have such a provocative effect (lawrato.com).
Classification & Procedure
Generally treated as a non-cognizable, bailable offence.
Triable by any magistrate (lawrato.com).
It mirrors Section 504 IPC, restructured within BNS’s streamlined criminal provisions
🤔 Key Insights
This section balances freedom of expression with maintenance of public order, penalizing only when the insult is intended or likely to provoke public disturbance.
The threshold is higher than simple insult—it requires a foreseeable risk to public tranquility.
Courts typically consider context—nature of insult, setting, and foreseeability of the provocation, drawing on jurisprudence like Ramji Lal Modi v. UP and Fiona Shrikhande v. Maharashtra, which highlight the importance of intent and likelihood to disturb public peace (testbook.com).
✅ Comparison Table
| Aspect | Section 352 BNS | Section 504 IPC |
|---|---|---|
| Offence | Intentional insult provoking breach | Similar – insult intended to provoke |
| Penalty | ≤ 2 years imprisonment, fine, or both | ≤ 2 years, or fine, or both |
| Cognizance & Bail | Non-cognizable, bailable | Same |
| Court | Any Magistrate | Any Magistrate |
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