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BNS Section 356 (IPC 499, 500): defamation

The number IPC 499 to 502 have now, what makes an imputation defamatory, the ten exceptions, who may prosecute, and the community-service punishment.

Quick answer

Section 356 of the Bharatiya Nyaya Sanhita is defamation, and replaced IPC sections 499 to 502 for offences on or after 1 July 2024. IPC 499 is now 356(1), the definition with its ten exceptions; IPC 500 is 356(2), punishable with simple imprisonment up to two years, or fine, or both, or community service. It is non-cognizable and bailable, and a court acts only on a complaint by a person aggrieved (BNSS s. 222).

Punishes making or publishing an imputation about a person that is meant, known or likely to harm their reputation — and printing or selling defamatory matter — unless one of ten exceptions applies.

Now
BNS 356 — Defamation
Was
IPC 499 / 500 / 501 / 502
Punishment
Simple imprisonment up to 2 years, or fine, or both, or community service (356(2)); up to 2 years, or fine, or both, for printing or selling (356(3), (4))
Arrest without warrant
Non-cognizable
Bail
Bailable
Compounding
Compoundable — some cases need the court’s permission
Tried by
Court of Session / Magistrate of the first class

Read this first: A court can take cognizance of defamation only on a complaint by a person aggrieved by it, or — for certain public functionaries — the Public Prosecutor’s complaint (BNSS s. 222).

The number it had, and the number it has
Repealed — Indian Penal Code, 1860
IPC 499 / 500 / 501 / 502
Defamation.
In force — Bharatiya Nyaya Sanhita, 2023
BNS 356(1)
Defamation.
MergedAlso marked changed

Several provisions of the Indian Penal Code were folded into one section of the Bharatiya Nyaya Sanhita, landing in its sub-sections. So the new number alone is not the answer — the sub-section is.

How this provision was renumbered
IPC 499becomes BNS 356(1)merged
IPC 500becomes BNS 356(2)merged
IPC 501becomes BNS 356(3)merged
IPC 502becomes BNS 356(4)merged

Key takeaways

  • IPC 499 became 356(1), IPC 500 became 356(2), IPC 501 became 356(3) and IPC 502 became 356(4).
  • Community service is a punishment for defamation under 356(2), but not for printing or selling defamatory matter under 356(3) and 356(4).
  • A court can take cognizance of defamation only on a complaint by some person aggrieved by it (BNSS s. 222(1)).
  • For a President, Governor, Minister or other public servant defamed about public functions, the Public Prosecutor may complain straight to a Court of Session — with sanction, within six months (s. 222(2), (4), (5)).
  • The person defamed can compound the offence, but the Public Prosecutor’s functionary case under 356(2) needs the court’s permission (BNSS s. 359).

What BNS 356 actually requires

Every part below has to be present. This is not a list of factors to be weighed — if one element is missing, the offence is not made out at all, however bad the conduct looks.

  1. An imputation concerning a person

    By words spoken or intended to be read, by signs, or by visible representations. It may concern a deceased person, or a company, association or collection of persons as such, and may be put as an alternative or ironically (Explanations 1–3).

    and
  2. Made or published, in any manner

    The accused made or published the imputation. Section 356(1) adds “in any manner” and names no medium.

    and
  3. Intending, knowing or having reason to believe it will harm reputation

    Harm means lowering, in others’ estimation, the person’s moral or intellectual character, their character in respect of caste or calling, or their credit, or suggesting a loathsome or disgraceful bodily state (Explanation 4).

    and
  4. And no exception applies

    None of the ten exceptions covers it — set out in a table further down this page.

Section 356(1) defines defamation; sub-section (2) punishes it. Sub-sections (3) and (4) are separate offences of printing or engraving, and selling, matter known to be defamatory.

Is BNS 356 bailable, cognizable and compoundable?

Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.

Classification of BNS 356, row by row
ProvisionArrestBailCompoundingTried by
356(2)Defamation against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public ProsecutorNon-cognizableBailableWith the court’s permissionCourt of Session
356(2)Defamation in any other caseNon-cognizableBailableCompoundableMagistrate of the first class
356(3)Printing or engraving matter knowing it to be defamatory against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public ProsecutorNon-cognizableBailableCompoundableCourt of Session
356(3)Printing or engraving matter knowing it to be defamatory, in any other caseNon-cognizableBailableCompoundableMagistrate of the first class
356(4)Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public ProsecutorNon-cognizableBailableCompoundableCourt of Session
356(4)Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter in any other caseNon-cognizableBailableCompoundableMagistrate of the first class

What these labels mean

  • Arrest
    Non-cognizable

    The police may not investigate, and may not arrest, without an order from a Magistrate. In practice you go to the Magistrate rather than only to the police station, and an officer who says there is nothing they can do is describing the law correctly rather than refusing you.

  • Bail
    Bailable

    Bail is a right, not a request. The officer in charge or the court must release you on bail once you offer it — there is no discretion to refuse.

  • Compounding
    With the court’s permission

    May be compounded by the person defamed, with the permission of the court. A compromise has the effect of an acquittal (s. 359(8)), and is not allowed where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).

  • Compounding
    Compoundable

    May be compounded by the person defamed. A compromise has the effect of an acquittal (s. 359(8)), and is not allowed where a previous conviction makes the accused liable to enhanced punishment (s. 359(7)).

  • Tried by
    Court of Session

    Tried by a Court of Session — the more serious tier, reached by way of committal from a Magistrate rather than filed there directly.

  • Tried by
    Magistrate of the first class

    Tried by a Judicial Magistrate of the first class, whose sentencing power is capped, so the charge is expected to stay within that cap.

Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed pages 217, 218), and section 359 for compounding.

Two ways a defamation case can start (BNSS s. 222)
Every case
Complaint by the person aggrieved
Who complains
Some person aggrieved by the offence — or another person, with the court’s leave, for someone the proviso to s. 222(1) treats as unable to complain
Court
Magistrate of the first class
Sanction
None required by s. 222
Time limit
3 years (s. 514(2)(c))
Compounding
By the person defamed, without the court’s permission (s. 359(1))
Public functionaries only
Complaint by the Public Prosecutor
Whose reputation
The President, Vice-President, a Governor, an Administrator, a Minister of the Union, a State or a Union territory — or, in s. 222(2), any other public servant employed in connection with the affairs of the Union or a State — about conduct in public functions
Court
Court of Session, which takes cognizance without committal, on a written complaint setting out the facts (s. 222(2), (3))
Sanction
Previous sanction of the State Government for its Governor, Ministers and State servants; of the Central Government otherwise (s. 222(4))
Time limit
6 months from the alleged offence (s. 222(5))
Compounding
Under 356(2), by the person defamed only with the court’s permission (s. 359(2))

The second route does not replace the first: the functionary keeps the right to complain to a Magistrate (s. 222(6)). Section 222(2) extends the Public Prosecutor’s route to “any other public servant”, while the First Schedule row (printed page 217) and the s. 359(2) compounding row name only the five offices. This page sets out both texts and does not reconcile them. Section 359(2) names 356(2) only, not 356(3) or 356(4).

Punishment for defamation, and what community service means

Every form of defamation carries simple imprisonment only — never rigorous — with no minimum. Section 356(2) adds a fourth option to imprisonment, fine or both: community service, a punishment listed in section 4(f) of the Sanhita. Sub-sections (3) and (4), on printing and selling, do not include it.

The Sanhita does not define community service; the BNSS does. It is work a court orders a convict to perform as a punishment that benefits the community, without pay, and a Magistrate of the first class may impose it (BNSS s. 23(2) and Explanation). A private complaint may be tried summarily after the accused is heard, and a summary conviction carries no more than three months’ imprisonment (ss. 283(2), 285(2)).

Maximum imprisonment: defamation and the offences next to it
  • BNS 351(3) — threat of death, grievous hurt and the restup to 7 years
  • BNS 356(2) — defamationthis pageup to 2 years simple, or community service
  • BNS 356(3) — printing or engraving defamatory matterthis pageup to 2 years simple
  • BNS 356(4) — selling defamatory printed matterthis pageup to 2 years simple
  • BNS 351(2) — criminal intimidationup to 2 years
  • BNS 352 — insult to provoke a breach of the peaceup to 2 years

From the section text. Section 356 allows simple imprisonment only; sections 351 and 352 allow either description. A maximum is a ceiling, not what a court awards.

What happens, and how long each part takes

  1. Complaint to the Magistratewithin 3 years of the offence

    Made by the person aggrieved, or by another with leave (BNSS ss. 222(1), 514(2)(c)). The police cannot investigate defamation on their own (s. 174(2)).

  2. Examination and hearing before cognizanceat the first hearings

    You and any witnesses present are examined on oath; the accused must be given an opportunity of being heard before cognizance is taken (s. 223(1)).

  3. From here it is not yours to control

    Everything below happens on the investigating agency’s timetable and the court’s, not yours. You can follow it and you can be heard in it; you cannot set its pace.

    Inquiry, if the Magistrate postpones processas the Magistrate directs

    Mandatory where the accused lives outside the Magistrate’s area (s. 225(1)). The complaint is dismissed, with reasons, if there is no sufficient ground (s. 226).

  4. Summons to the accusedafter the witness list is filed

    A summons-case, so a summons issues, with a copy of the written complaint (ss. 2(1)(x), 227).

  5. Trialno fixed period in the BNSS

    Before the Magistrate, possibly summarily (s. 283(2)). It can end earlier by compounding or by the complainant’s withdrawal with permission (ss. 280, 359).

This is the private-complaint route. On the Public Prosecutor’s route the Court of Session takes cognizance directly, without committal (s. 222(2)).

When it is not defamation: the ten exceptions in section 356(1)

An imputation that meets section 356(1) is still not defamation if an exception covers it. Most exceptions depend on good faith, which the Sanhita defines narrowly: nothing is done in good faith if it is done without due care and attention (BNS s. 2(11)). Only Exception 1 turns on truth, and truth alone is not enough.

Section 356(1), Exceptions 1 to 10
ExceptionWhat it coversThe condition the Act attaches
1. Truth for the public goodImputing anything true about a personMust be for the public good — a question of fact
2. Public servantsOpinion on a public servant’s conduct in public functionsGood faith; character only as it appears in that conduct
3. Public questionsOpinion on anyone’s conduct touching a public questionGood faith; character only as it appears in that conduct
4. Court reportsPublishing reports of court proceedings or their resultSubstantially true
5. Decided casesOpinion on the merits of a decided case, or on a party’s, witness’s or agent’s conduct in itGood faith; no further than that conduct
6. Public performancesOpinion on a work submitted to public judgment, such as a book or speechGood faith; the author’s character only as it appears in the work
7. Lawful authorityCensure by someone with lawful authority over anotherGood faith; only on matters that authority covers
8. Accusation to authorityAccusing someone to a person with lawful authority over themGood faith; about the matter of the accusation
9. Protecting interestsAn imputation to protect one’s own or another’s interests, or the public goodGood faith
10. CautionCautioning one person against anotherGood faith; for that person’s good, someone they are interested in, or the public good

The exceptions as enacted in section 356(1). Whether facts fall within one is decided by the court on the evidence, not by this table.

If you have been defamed: who can file, where, and by when

Only a complaint starts a defamation case, and it must come from “some person aggrieved by the offence” (BNSS s. 222(1)). Where that person is a child, of unsound mind, has an intellectual disability, is unable through sickness or infirmity, or is a woman who by local custom ought not to be compelled to appear in public, someone else may complain for them with the court’s leave.

The complaint goes to a Magistrate (s. 223(1)). It must be filed within three years of the offence, and the filing date is the one that counts (s. 514(2)(c) and Explanation); if you did not know of it, time runs from the day it came to your knowledge or a police officer’s, whichever is earlier (s. 515(1)(b)).

In a summons-case — which a private defamation complaint is — the Magistrate may acquit if you do not appear after thirty days’ time, unless an advocate appears or attendance is excused (s. 279). Posts and messages online are still section 356; IT Act offences are on the page linked below.

If you have been accused: the procedure and your rights

Defamation is non-cognizable, so no one may be arrested for it except under a Magistrate’s warrant or order (BNSS s. 35(2)). It is bailable: a person who offers bail must be released, and a person unable to give a bail bond within a week may be presumed indigent and discharged on a bond without surety (s. 478(1)).

The Magistrate may not take cognizance of a complaint without first giving the accused an opportunity of being heard (s. 223(1), first proviso). No summons issues until the prosecution’s witness list is filed, and it comes with a copy of the written complaint (s. 227(2), (3)). Appearance through an advocate may be permitted (s. 228).

A Public Prosecutor’s complaint to a Court of Session requires prior government sanction and must be made within six months of the alleged offence (s. 222(4), (5)). Free legal aid is set out at the end of this page.

More questions about this page

What is IPC 499 and 500 in BNS?▼
Section 499 of the Indian Penal Code, which defined defamation, is now section 356(1) of the Bharatiya Nyaya Sanhita, with the same ten exceptions. Section 500, the punishment, is now 356(2): simple imprisonment up to two years, or fine, or both, or community service. IPC 501 and 502 became 356(3) and 356(4). Offences committed before 1 July 2024 are still charged under the IPC.
Can the police file an FIR for defamation?▼
Defamation is non-cognizable, so the police cannot investigate it without a Magistrate’s order (BNSS s. 174(2)). More importantly, section 222(1) of the BNSS lets a court take cognizance of defamation only on a complaint made by a person aggrieved by it. The route is a complaint to a Magistrate, or, for certain public functionaries, a Public Prosecutor’s complaint to a Court of Session.
What is the time limit to file a criminal defamation complaint?▼
For a private complaint, BNSS section 514 sets three years, because the maximum sentence is two; the filing date is the one that counts. Time runs from the offence or, if it was not known, from when the person aggrieved or a police officer learnt of it, whichever is earlier (s. 515). A Public Prosecutor’s complaint about a public functionary must be made within six months (s. 222(5)).
Can a defamation case be settled by compromise?▼
Yes. The person defamed may compound offences under sections 356(2), 356(3) and 356(4) without the court’s permission, and the composition has the effect of an acquittal (BNSS s. 359(1), (8)). The exception is defamation of the President, Vice-President, a Governor, an Administrator or a Minister about public functions, prosecuted on the Public Prosecutor’s complaint: under 356(2) that needs the court’s permission (s. 359(2)).
Is saying something true defamation under BNS 356?▼
Truth on its own is not an exception. Exception 1 to section 356(1) says it is not defamation to impute anything true about a person “if it be for the public good that the imputation should be made or published”, and adds that whether it is for the public good is a question of fact. Both conditions must be met, and the court decides them on the evidence.
Does BNS 356 apply to social media posts and messages?▼
Section 356(1) covers imputations made “by words either spoken or intended to be read, or by signs or by visible representations”, made or published “in any manner”. It names no medium. Whether a particular post meets the definition, and whether an exception applies, is decided on the facts. Offences under the Information Technology Act are separate and covered on the IT Act page.

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Last reviewed September 2026.

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