Section 356 BNS: Defamation Law in India Explained

In today's digital age where reputations can be destroyed with a single post, understanding defamation laws is crucial. With the implementation of the Bharatiya Nyaya Sanhita (BNS) in 2023, India's defamation laws have been consolidated and modernized under Section 356 BNS, replacing the old IPC Sections 499 and 500.

Whether you're a victim of defamation or accused of it, this comprehensive guide will help you understand your rights, remedies, and obligations under the new law.

What is Section 356 BNS?

Section 356 of the Bharatiya Nyaya Sanhita (BNS) deals with the offense of defamation. It consolidates what was previously covered under IPC Section 499 (definition of defamation) and IPC Section 500 (punishment for defamation).

The Legal Definition

According to Section 356 BNS, defamation occurs when a person:

• By words (either spoken or intended to be read)
• By signs or visible representations
• Makes or publishes any imputation concerning any person
• With the intention to harm, or knowing or having reason to believe that such imputation will harm the reputation of that person

In simple terms: If you make a false statement about someone that damages their reputation, you can be prosecuted for defamation.

The Full Text of Section 356 BNS

Section 356(1) - Definition of Defamation:

"Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person."

Section 356(2) - Punishment for Defamation:

"Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both, or with community service."

Key Components of Defamation

For an act to qualify as defamation under Section 356 BNS, the following elements must be present:

1. Imputation

There must be a statement, allegation, or insinuation made about a person. This could be:

• Accusing someone of a crime they didn't commit
• Questioning someone's professional competence
• Making false allegations about someone's character or conduct
• Imputing dishonesty or immorality

2. Concerning a Person

The imputation must be about a specific, identifiable person. This includes:

• Living individuals
• Companies and corporations (legal persons)
• Associations of persons
• Deceased persons (their legal representatives can file a case)

3. Publication

The defamatory statement must be communicated to at least one person other than the person defamed. This includes:

• Social media posts
• Newspaper articles
• Spoken words in public
• Private messages shared with others
• WhatsApp forwards

4. Harm to Reputation

The statement must either:

• Be intended to harm the person's reputation, OR
• Be known or reasonably believed to harm their reputation

Intent doesn't always matter - even if you didn't mean to harm someone, if you knew or should have known that your statement would harm them, you can be held liable.

IPC 499/500 vs BNS 356: What Changed?

The Big Change: Community Service

The introduction of community service as a punishment option is a landmark reform. This allows judges to impose reformative justice instead of jail time, particularly for:

• First-time offenders
• Social media disputes
• Cases without malicious intent

Types of Defamation: Libel vs Slander

While Western legal systems distinguish between Libel (written) and Slander (spoken), Indian law makes NO distinction. Both are equally punishable under Section 356 BNS.

Libel (Permanent Form)

• Written statements
• Printed publications
• Social media posts
• Videos and images
• Email and text messages

Slander (Transient Form)

• Spoken words
• Gestures
• Oral statements in meetings
• Phone conversations

In India, both carry the same legal weight.

10 Exceptions to Defamation (When It's NOT Defamation)

Section 356 BNS provides 10 exceptions where negative statements about someone are NOT considered defamation:

1. Imputation of Truth for Public Good

If the statement is true and made for the public benefit, it's not defamation.

Example: A journalist exposes a politician's corruption with evidence.

2. Public Conduct of Public Servants

Good faith opinions about the conduct of public servants in their official capacity.

Example: Criticizing a Minister's policy decisions or a Judge's judgment.

3. Conduct of Public Affairs

Comments on the conduct of any person related to public matters.

Example: Criticizing a business leader's environmental practices.

4. Reports of Court Proceedings

Fair and accurate reports of court proceedings are protected.

Example: A newspaper reporting what was said during a trial.

5. Merits of Case Decided by Court

Comments on the merits of any case, civil or criminal, after it's been decided.

6. Conduct of Witnesses & Others

Comments on the conduct of witnesses or parties in court proceedings.

7. Good Faith Opinion on Public Performance

Opinions on public performances (books, films, art, speeches) expressed in good faith.

Example: A film critic giving a negative review.

8. Censure by Person Having Authority

A person in lawful authority criticizing subordinates.

Example: A manager's performance review of an employee.

9. Accusation Made in Good Faith

Accusations made in good faith to protect one's interests or public interest.

Example: Filing a police complaint based on reasonable suspicion.

10. Caution for Good of Person or Public

Warnings issued in good faith for the benefit of the person concerned or the public.

Example: Warning someone about a fraudulent contractor.

[!IMPORTANT] The burden of proving that your statement falls under an exception lies on the accused (the person who made the statement).

Punishment for Defamation under Section 356(2) BNS

If convicted of defamation, the accused can face:

1. Simple Imprisonment

• Up to 2 years in jail
• "Simple" means no hard labor

2. Fine

• No fixed amount specified
• Determined by the Magistrate based on:
  • Severity of the imputation
  • Reach of publication
  • Harm caused
  • Financial capacity of the accused

3. Both Imprisonment and Fine

• The court can impose both penalties

4. Community Service (NEW)

• Magistrate can order unpaid community work
• Duration and nature decided by the court
• Alternative to jail for reformative justice

5. Compounding

• Defamation is a compoundable offense
• Victim and accused can settle with court permission
• Settlement typically involves:
  • Written apology
  • Retraction of statement
  • Sometimes compensation

Civil vs Criminal Defamation: Which Route to Take?

Victims of defamation in India have two legal routes:

Which One Should You Choose?

Choose Criminal if:

• You want to punish the offender
• You want a strong deterrent effect
• You have limited financial resources

Choose Civil if:

• You suffered quantifiable financial loss
• You want monetary compensation
• You can afford higher court fees

Many people file both simultaneously to maximize pressure and remedies.

How to File a Criminal Defamation Case

Step 1: Send a Legal Notice

Before filing a case, send a legal notice demanding:

• Immediate retraction of the defamatory statement
• Public apology
• Warning of legal action if not complied

👉 Send a Criminal Defamation Legal Notice

Step 2: File a Criminal Complaint

If the notice is ignored, file a private complaint under Section 356 BNS before the Magistrate having jurisdiction.

Step 3: Evidence and Witnesses

Gather:

• Screenshots of defamatory posts
• Witness statements
• Proof of publication
• Evidence of harm to reputation

Step 4: Trial and Judgment

The Magistrate will:

• Issue summons to the accused
• Conduct trial
• Record evidence
• Pronounce judgment

👉 Complete Guide: How to File a Defamation Case

Real-Life Examples of Defamation

Example 1: Social Media Defamation

Scenario: X posts on Facebook that Y is a "fraud" and "cheats customers" without any proof.

Analysis: This is defamation. The statement harms Y's business reputation, and X has no evidence to support the claim.

Example 2: WhatsApp Forward

Scenario: A posts a message in a WhatsApp group claiming that Doctor B has "fake degrees."

Analysis: Defamation. Even in a private group, if the statement is false and harms the doctor's reputation, it's actionable.

Example 3: Protected Criticism

Scenario: A film critic writes that a new movie is "terrible" and the director has "lost his touch."

Analysis: NOT defamation. This is a good faith opinion about a public performance (Exception 7).

Example 4: Truth Defense

Scenario: A newspaper publishes that Politician C was convicted of corruption, citing court records.

Analysis: NOT defamation. Truth for public good (Exception 1).

Defamation in the Digital Age

With the rise of social media, cyber defamation has become rampant:

Common Platforms for Defamation:

• Facebook & Instagram: Defamatory posts, comments, stories
• Twitter (X): Viral tweets spreading false information
• WhatsApp: Group messages and forwards
• YouTube: Defamatory videos
• LinkedIn: Professional defamation
• Review Sites: Fake negative reviews

Additional Laws That May Apply:

• IT Act, 2000: Certain provisions for cyber defamation
• Contempt of Courts Act: If defaming judiciary
• Companies Act: For corporate defamation

FAQs: Section 356 BNS Defamation Law

Q1: Can I be arrested for defamation?

A: Defamation is a non-cognizable, bailable offense. Police cannot arrest you without a warrant. The Magistrate issues a summons first.

Q2: Can I file a case against anonymous defamers?

A: Yes, but you'll need to identify them first. You can seek court orders to get information from social media platforms.

Q3: How long does a defamation case take?

A: Typically 1-3 years depending on court workload and complexity.

Q4: Can a company file a defamation case?

A: Yes. Companies, being legal persons, can file defamation cases to protect their reputation.

Q5: What if the statement was made in anger?

A: Intent to harm is not always necessary. If you knew or should have known that your statement would harm someone's reputation, you can still be liable.

Q6: Can I delete the post and avoid the case?

A: No. Once published, the offense is complete. However, deleting and apologizing may help in settlement.

Conclusion

Section 356 BNS provides a comprehensive framework to protect reputations in India while balancing freedom of speech. The introduction of community service as a punishment option reflects a more progressive approach to justice.

Key Takeaways:

✅ Defamation is both a criminal offense (Section 356 BNS) and a civil wrong (Tort)
✅ Punishment includes up to 2 years jail, fine, or community service
✅ Truth, good faith criticism, and public interest are valid defenses
✅ Social media posts are equally actionable as traditional publications
✅ Legal notice is the first step before filing a case

Protect your reputation or defend yourself intelligently - the law provides clear pathways for both.

Take Action Now

Have you been defamed?
👉 Send a Legal Notice to the Offender

Want to understand the punishment details?
👉 Read: Criminal Defamation Punishment in India

Need to file a case?
👉 Complete Guide: How to File a Criminal Defamation Case

Looking for a legal notice format?
👉 Defamation Legal Notice Format & Samples

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified lawyer for your specific situation.