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BNS Chapter XIX – Defamation (Section 356)

Chapter XIX contains a single substantive provision – Section 356 – which consolidates the law of criminal defamation under the BNS 2023. Defamation remains a criminal offence in India, unlike in many common-law jurisdictions where it is purely civil.

What is Defamation? (Section 356)

Section 356 defines defamation as making or publishing any imputation concerning any person, intending to harm, or knowing or having reason to believe that it will harm, the reputation of that person. The imputation may be spoken, written, by signs, or by visible representations. Simple defamation carries imprisonment up to 2 years, fine, or both.

Exceptions to Defamation

Section 356 preserves several exceptions inherited from the IPC. Imputations made in good faith for the protection of the interest of the maker or for the public good are not defamation. Publication of a true account of the conduct of a public servant in the discharge of public functions is also excepted. Opinions expressed in good faith about the merits of a decided case, or about the conduct of a witness in a judicial proceeding, are not actionable. Fair comment on literary, artistic or other published work is protected. Censure passed by a person in lawful authority over another in good faith is not defamation. Accusations made in good faith to an authorised person are protected. Cautions given in good faith for the benefit of the person to whom they are given, or for the public good, are also excepted.

Printing or Engraving Defamatory Matter (Section 356(2))

Whoever prints or engraves any matter knowing or having good reason to believe that such matter is defamatory commits an offence and is punishable with up to 2 years, fine, or both. This covers publishers, editors and media houses.

Sale of Printed Defamatory Matter

Selling or offering to sell any printed or engraved substance containing defamatory matter, knowing it to be defamatory, is also an offence under Section 356.

Practical Note

Criminal defamation complaints are frequently filed in India in the context of political criticism, corporate whistleblowing and media reporting. The Supreme Court upheld the constitutional validity of criminal defamation in Subramanian Swamy v. Union of India (2016). Practitioners should note that truth is a complete defence only when publication is for public good.

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