What Is Section 352 of the Bharatiya Nyaya Sanhita (BNS)?

Section 352 of the BNS deals primarily with insult that is intentional and aimed at provoking someone to break the public peace

It is important to understand that the IPC has been replaced with the Bharatiya Nyaya Sanhita (BNS). While there have been positive changes in BNS, it has also resulted in some confusion to a certain extent. This is especially true for people who may have limited knowledge of the legal system. Today, we will cover Section 352 of the Bharatiya Nyaya Sanhita (BNS) to understand its scope and applicability.

What Is Section 352 of BNS?

Earlier, the law related to intentional insult was covered under Section 504 of the Indian Penal Code (IPC), 1860. As such, one can describe Section 352 of BNS as simply the successor to the earlier Section 504 of the IPC. The wording is largely the same across both and there have not been any major changes in the description of the offence or the prescribed punishment. Section 352 of BNS came into force from 1st July 2024. Given below is the official wording of Section 352 BNS.

“Whoever intentionally insults in any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

While an official wording is available, there is no explanation in the official Act. Illustrations and exceptions have also not been mentioned. As such, the interpretation will ultimately depend on the lawyers arguing a case and how the judge chooses to announce their final verdict in the case.

Section 352 of BNS – Classification of the offence

As per the  First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the Section 352 of BNS is a non-cognizable offence. As such, one can easily get bail in these cases. The offence is compoundable and the case can be heard by any magistrate. Given below are some of the important points related to Section 352 of BNS.

• A warrant or Magistrate’s order will be needed to make an arrest under Section 352 of BNS
• These cases are usually treated as a non-cognizable report (NCR)
• For a police investigation, the Magistrate’s permission will be required
• Cases under Section 352 of BNS can be compounded (settled privately), but court approval will be required
• Cases under Section 352 are tried summarily in most incidents

What is punishment under Section 352 of BNS?

The punishment under Section 352 of BNS, if proven, can include both fine and imprisonment. The jail term can be up to 2 years and it can be either simple or rigorous, depending on the severity of the offence.

To prove that an offence has been committed under Section 352 of BNS, the prosecution must prove the following.

• It has to be proven that the insult was intentional and not casual or accidental
• The words, signs or gestures must be deliberate
• The aim was not just insult, but also to provoke the insulted person
• The person who has insulted knew that the insulted person will be provoked to behave in a specific manner such as break public peace or commit any other offence

In summary, Section 352 of BNS is a widely used provision that the authorities rely upon to maintain public order. The act is gender-neutral and applicable on all persons. Section 352 of BNS is a good tool to prevent people from insulting and provoking others in a way that could lead to violence.