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CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Section 505: Statements conducing to public mischief

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

1[2[(1)] Whoever makes, publishes or circulates any statement, rumour or report,—

(a) with intent to cause, or which is likely to cause, any officer, soldier, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[of India] to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or

(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community,

shall be punished with imprisonment which may extend to 6[three years], or with fine, or with both.

7[(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]

Exception.—It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 8[in good faith and] without any such intent as aforesaid.]

Footnotes in the official text

  1. 1.Subs. by Act 4 of 1898, s. 6, for s. 505.
  2. 2.Section 505 re-numbered as sub-section (1) of that section by Act 35 of 1969, s. 3 (w.e.f. 4-9-1969).
  3. 3.Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
  4. 4.Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
  5. 5.Subs. by the A. O. 1950, for “of Her Majesty or in the Imperial Service Troops” The words “or in the Royal Indian Marine” occurring after the word “Majesty” omitted by Act 35 of 1934, s. 2 and Sch.
  6. 6.Subs. by Act 41 of 1961, s. 4, for “two years” (w.e.f. 12-9-1961).
  7. 7.Ins. by Act 35 of 1969, s. 3 (w.e.f. 4-9-1969).
  8. 8.Subs. by Act 13 of 2013, s. 10, for “shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both” (w.e.f. 3-2-2013).

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

505. Statements conducing to public mischiefBNS 353

Leading cases

Questions on this section

1 question in 7 of our papers cite Section 505. Try these from the free papers:

  1. 1. A circulates on a messaging platform a report that members of a particular community are stockpiling weapons. The report turns out to be false. A had reasonable grounds for believing it to be true, circulated it in good faith, and had no intention to cause fear or alarm or to create enmity between groups. Under Section 353 of the Bharatiya Nyaya Sanhita, 2023, A:

Practise questions on Criminal Law