Section 352 BNS (BNS 352): Intentional insult with intent to provoke breach of peace.— Whoever intentionally insults in any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What is Section 352 BNS (BNS 352)?
In our diverse society, maintaining peace and harmony is crucial for a healthy community life. However, there are instances where conflicts arise, leading to disturbances in the peace.
To address such situations, the Bharatiya Nyaya Sanhita has provisions under Section 352 BNS, which deal with intentional insult with the intent to provoke a breach of peace. Section BNS 352 aims to prevent situations where individuals engage in behavior or speech that may lead to public disturbances or conflicts.
Instances of BNS 352 offenses can vary widely, ranging from verbal insults to actions intended to incite violence or public disorder. For instance, making derogatory/offensive remarks about someone’s religion or caste with the aim of causing communal tension could constitute an offense under Section 352 BNS. Similarly, spreading rumors or false information about a particular community or individual to spark unrest may also fall under this provision.
Elements of a Punishable Offense
Intention: Firstly, the act must be intentional, meaning that the person committing the offense does so knowingly and deliberately.
Provocation: The insult should be likely to cause the person to react in a way that disrupts public peace. This could involve violence, vandalism, or any action that threatens the peace of a public space.
Knowledge of Consequence: The offender must either intend or know that their insult is likely to cause a breach of peace.
Breach of the peace: This term refers to any disturbance or disruption of public order or tranquility / peace. It includes acts that could potentially lead to violence or public unrest.
Read: Section 352 BNS Bare Act
What is BNS 352 Punishment ?
The offense under Section 352 BNS (BNS 352) is punishable with imprisonment for up to two years, a fine, or both. However, it’s essential to note that the severity of the punishment may vary depending on the circumstances of the case, other BNS section charged and the discretion of the court.
Is Section 352 BNS Bailable or Non-Bailable?
The offenses under Section 352 BNS (BNS 352) are generally considered less serious compared to other offenses, so these offenses are often classified as bailable offenses.
Is BNS Section 352 cognizable or not?
The offenses under Section 352 BNS (BNS 352) are generally classified as a non-cognizable offense. This means that the police cannot make an arrest without a warrant and usually require a court order to initiate an investigation.
Is BNS Section 352 compoundable or not?
Section 352 BNS primarily deals with intentional insult with intent to provoke breach of the peace, which may often involve personal disputes or conflicts. In many cases, the insult may not cause significant harm beyond the immediate provocation. As a result, offenses under Section BNS 352 (BNS 352) are generally considered compoundable, allowing the parties involved to settle the matter cordial/amicably.
