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⚖️ BNS · Section 352

Intentional insult with intent to provoke breach of peace

This provision is now IPC Section 504 (Intentional insult with intent to provoke breach of peace) under the Indian Penal Code, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

This section continues IPC Section 504 into the Bharatiya Nyaya Sanhita without substantive change, punishing intentional insults made with the intent, or knowledge, that they are likely to provoke the target into breaking the public peace or committing another offence. The punishment remains up to two years' imprisonment, or a fine, or both.

As under the earlier provision, this section is distinct from civil and criminal defamation, which focus on harm to reputation rather than the likelihood of provoking a breach of peace, and it continues to be commonly applied in disputes that escalate into heated verbal confrontations.

This section applies to conduct occurring on or after 1 July 2024, with earlier incidents continuing to be tried under IPC Section 504.
Punishment Imprisonment up to 2 years, or fine, or both
Triable By Any Magistrate
Bailable Bailable
Cognizable Non Cognizable
Compoundable Compoundable

Frequently Asked Questions

Is BNS Section 352 bailable?

This is a bailable offence, meaning bail can generally be granted as a matter of right by the police or the court.

What is the punishment under this section?

Imprisonment up to 2 years, or fine, or both. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

Yes — this offence can be compounded (settled) between the parties without needing separate court permission, though procedure varies by state.

Is this section identical in substance to the old IPC provision?

Yes — the definition and punishment carry over unchanged from IPC Section 504, with only the section number and governing statute having changed under the BNS.

Does the insult need to happen in a public place?

No — as under the earlier provision, what matters is whether the insult was intended or likely to provoke a breach of peace, which can occur in a private setting as well as a public one.

Can this be charged alongside criminal intimidation?

Yes — as with the earlier IPC framework, this section is frequently charged together with criminal intimidation (Section 351) where a confrontation involves both an insult and a threat.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.