Defamation Under the BNS (Section 356): IPC 499 and 500 Mapping (2026)
What criminal defamation means under Section 356 of the Bharatiya Nyaya Sanhita, 2023, how it maps to Sections 499 and 500 of the old IPC, the new community service option, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
Criminal defamation is an offence under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It punishes making or publishing an imputation that harms another person’s reputation. It carries forward Sections 499 to 502 of the old IPC. The punishment is simple imprisonment of up to two years, or fine, or both, or, for the first time, community service. Last verified October 2026.
- What it is: criminal defamation, making or publishing an imputation that harms another person’s reputation, under BNS Section 356.
- Old law: IPC Sections 499 to 502, covering the definition, the punishment, and defamatory printing and sale.
- Punishment: simple imprisonment up to two years, or fine, or both, or, for the first time, community service.
- Classification: non-cognizable and bailable, usually started by a private complaint and triable by a Magistrate of the first class.
01The problem this section answers
Reputation is easy to damage and hard to repair. A false statement in a newspaper, a social media post, a WhatsApp forward, or a public speech can harm a person’s standing in minutes. The harm may be to a business, a professional, or a private person.
Indian law gives two routes against defamation. One is a civil suit for damages. The other is the criminal offence under Section 356 of the BNS, where the complainant asks the court to punish the person who defamed them. This explainer covers the criminal offence.
02What BNS Section 356 covers
Section 356 of the BNS defines and punishes criminal defamation. Section 356(1) sets the meaning. A person defames another when, by words spoken or meant to be read, or by signs or visible representations, he makes or publishes an imputation about a person, intending to harm, or knowing or having reason to believe that it will harm, that person’s reputation.
The exceptions matter as much as the offence
Section 356 keeps the detailed exceptions from the old law. Truth stated for the public good, fair comment on a public servant’s conduct, fair reporting of court proceedings, and honest opinion on the merits of a public question are among the recognised defences. Many defamation cases turn on whether an exception applies.
The section is graded. Section 356(2) is the punishment for defamation. Section 356(3) covers a person who prints or engraves matter he knows to be defamatory. Section 356(4) covers the sale of printed or engraved matter containing defamation. An imputation can defame a company, an association, or a class of persons, and can even concern a dead person in some cases.
03IPC 499 and 500 to BNS 356 mapping
The old Indian Penal Code set out defamation across four sections. The BNS gathers them into Section 356.
| Old law (IPC, 1860) | New law (BNS, 2023) | What it does |
|---|---|---|
| Section 499 | Section 356(1) | Defines defamation, with the exceptions |
| Section 500 | Section 356(2) | Punishment for defamation |
| Section 501 | Section 356(3) | Printing or engraving defamatory matter |
| Section 502 | Section 356(4) | Sale of printed or engraved defamatory matter |
So the search term "section 499 IPC in BNS" points to Section 356. For the full renumbering, see our IPC to BNS section mapping.
04Punishment, cognizable and bailable
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 (Section 356(2)).
- Maximum imprisonment: two years, and it must be simple imprisonment.
- Community service: this is a new option added by the BNS, so a court can order community service instead of jail or a fine.
- Cognizable or not: non-cognizable, so the police do not register a case on their own; the offence is usually started by a private complaint to the Magistrate.
- Bailable or not: bailable.
- Triable by: Magistrate of the first class, with a special route to the Court of Session where the person defamed holds a high constitutional office.
05What changed from the old law
The definition, the exceptions, and the two year maximum are carried over from the old IPC with little change. The headline change is the new community service option, added as a lighter sentence in keeping with the wider use of community service across the BNS.
Criminal defamation survives under the BNS as Section 356, with the same two year ceiling, and for the first time a court can order community service instead of jail or a fine.
The criminal route still runs beside a civil suit for damages, and the detailed exceptions remain the heart of any defence. A case for words published before 1 July 2024 continues under the IPC, while a complaint for publication on or after that date uses BNS Section 356.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Defamation complaints are filed before Magistrates and tested through quashing and revision in the High Courts, so counsel often need to see how a court has applied the exceptions or dealt with a public figure. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. You can follow a live complaint and get cause lists and WhatsApp and email alerts before each hearing. To search this offence across the court system, start with case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models.
07Sources and further reading
- India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Bare text of BNS Section 356: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being read by the courts, so check the current text and take advice from counsel on your own facts.
08Frequently asked questions
What is Section 356 of the BNS?
Section 356 of the Bharatiya Nyaya Sanhita, 2023 is the offence of criminal defamation. It punishes a person who, by words, signs or visible representations, makes or publishes an imputation intending to harm, or knowing it will harm, another person’s reputation.
Which IPC section is now BNS Section 356?
BNS Section 356 replaces Sections 499 to 502 of the Indian Penal Code. Section 499 defined defamation with its exceptions, Section 500 set the punishment, and Sections 501 and 502 covered defamatory printing and its sale.
What is the punishment for defamation under the BNS?
Simple imprisonment up to two years, or fine, or both, under Section 356(2). The BNS adds community service as a new sentencing option, so a court can order community service instead of jail or a fine.
Is criminal defamation cognizable or bailable?
It is a non-cognizable and bailable offence. It is usually started by a private complaint to the Magistrate rather than by a police first information report, and it is triable by a Magistrate of the first class.
Is defamation a civil or a criminal matter in India?
It can be both. A person can file a civil suit for damages and, separately, a criminal complaint under Section 356 of the BNS. The criminal route asks the court to punish the offender, while the civil route seeks compensation.
Can I find defamation cases in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds. It helps you research and follow matters, but it does not give legal advice.