Section 356 BNS
Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of defamation. This section outlines the legal framework for punishing individuals who make false statements that harm the reputation of others.
Key Points of Section 356 BNS
- Definition of Defamation: Section 356 defines defamation as any act of making or publishing false statements about another person that can harm their reputation.
- Punishment: The section prescribes penalties for defamation, which may include imprisonment and/or fines. The specifics of the punishment are designed to deter individuals from making defamatory statements.
- Context of Changes: The introduction of Section 356 marks a significant change from the previous Indian Penal Code (IPC), where defamation was also addressed but under different terms and conditions. The BNS aims to streamline and modernize the legal approach to such offenses, reflecting contemporary societal values and legal standards.
- Community Service: Notably, the BNS introduces community service as a form of punishment for certain minor offenses, although it does not specify how this applies to defamation under Section 356.
This section is part of a broader effort to reform India’s criminal justice system, replacing the IPC and addressing various offenses with updated legal definitions and penalties.
What are the key differences between Section 356 of BNS and Section 356 of IPC
The key differences between Section 356 of the Bharatiya Nyaya Sanhita (BNS) and Section 356 of the Indian Penal Code (IPC) are:
- Expanded Definition: Section 356 of BNS provides a more detailed and comprehensive definition of defamation compared to the corresponding section in IPC. It includes imputation by words, signs, visible representations, or electronic communication
- Punishment: While both BNS and IPC prescribe imprisonment and/or fines for defamation, the BNS does not specify the exact terms. IPC Section 500 states a maximum punishment of two years imprisonment and/or fine.
- Exceptions: BNS retains the exceptions to defamation from IPC, such as truth for public good, opinion on public servants’ conduct, and fair reporting of judicial proceedings. However, the language has been updated to be more concise.
- Printing and Selling Defamatory Content: Sections 501 and 502 of IPC, which punish printing or engraving defamatory content and selling such material, have been incorporated into Section 356 of BNS with similar penalties.
- Alignment with Technology: By including electronic communication in the definition, Section 356 of BNS aligns defamation laws with modern communication methods, unlike the IPC which predates widespread digital media.
In summary, while retaining the core principles of defamation from IPC, Section 356 of BNS expands the scope, updates the language, and adapts the law to the digital age. However, the search results do not provide the exact punishment terms under BNS for comparison.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
