Section 353(2) of The Bharatiya Nyaya Sanhita (BNS) 2023

Section 353(2) BNS, also known as BNS 353(2), is a legal provision designed to tackle the spread of false information that promotes enmity or hatred among different groups in society. This section aims to prevent the misuse of information to create divisions or conflict based on factors such as religion, race, or community. Let’s explore what this law entails and why it’s significant.

Section 353(2) BNS is part of a broader legal framework that addresses the consequences of spreading false or misleading information. This particular section focuses on statements that could incite or promote feelings of hostility or ill will between different groups. It applies to any form of communication, including electronic means, that could lead to societal discord.

Key Provisions of Section 353(2) BNS

Section 353(2) BNS specifically targets statements or reports that:

1. Create or Promote Enmity: The section addresses any statement or report containing false information or alarming news that is intended to create or promote feelings of hostility between different groups. These groups can be defined by religion, race, place of birth, residence, language, caste, or community.
2. Intend to Cause Division: The law is concerned with statements that might lead to division and conflict within society. This includes promoting hatred or ill will that can undermine social harmony.

The law is designed to prevent and penalize those who use false or misleading information to stir up conflict between different segments of the population.

Penalties for Violating Section 353(2) BNS

Anyone found guilty under Section 353(2) BNS can face serious consequences. The penalties include:

• Imprisonment: The law stipulates that those convicted under this section may be sentenced to imprisonment for up to three years.
• Fines: In addition to or instead of imprisonment, individuals may be required to pay a fine.
• Both Imprisonment and Fine: The court can impose both imprisonment and a fine, depending on the severity of the offense.

These penalties reflect the seriousness with which the law treats attempts to create communal or social discord.

The Exception to Section 353(2) BNS

Section 353(2) BNS includes an important exception. The law does not apply to individuals who make, publish, or circulate false information with reasonable grounds for believing that the information is true and without any intent to cause harm.

This exception is crucial because it ensures that individuals who act in good faith, even if misinformed, are not unfairly penalized. It highlights the importance of intent and belief in determining whether an offense has occurred under this section.

The Importance of Section 353(2) BNS

Section 353(2) BNS plays a vital role in maintaining social harmony and preventing the spread of divisive or inflammatory information. In diverse societies, where multiple communities coexist, it’s essential to have legal measures that prevent the misuse of information to foster enmity or hatred.

By targeting those who intentionally spread false or alarming news to create divisions, the law helps to protect community relations and promote peaceful coexistence. It serves as a deterrent against the misuse of information that can lead to social unrest or communal violence.

For the general public, understanding Section 353(2) BNS is important for several reasons. First, it highlights the legal risks associated with spreading false or misleading information that could harm social cohesion. Second, it underscores the need to be cautious about the information one shares, especially when it concerns sensitive issues related to different groups or communities.

Conclusion

Section 353(2) BNS is a crucial legal provision designed to address the spread of false information that can incite enmity or hatred between different groups. By setting out clear penalties for those who misuse information to create social discord, it helps to maintain public order and promote harmony. The exception for good faith actions ensures that the law is applied fairly, protecting those who act without malicious intent. Understanding this section is essential for anyone who wants to contribute positively to societal harmony and avoid the legal repercussions of spreading harmful misinformation.