Statements conducing to public mischief

What this section does

This section penalises the making, publishing, or circulating of false statements, rumours, or alarming reports—including through electronic means—that are likely to cause mutiny among armed forces personnel, cause public fear inducing offences against the State or public tranquillity, incite communal offences, or promote enmity between religious, racial, linguistic, or caste-based groups. An aggravated form applies when such acts are committed in a place of worship or during religious ceremonies. A good-faith exception applies where the person had reasonable grounds to believe the statement was true.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

s.353(1) and s.353(2): imprisonment up to 3 years, or fine, or both. s.353(3) (place of worship aggravation): imprisonment up to 5 years and fine.

Triable by

Magistrate of First Class

Cognizable

Yes

Bailable

No

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused made, published, or circulated a statement, false information, rumour, or report (including through electronic means)
2. For s.353(1)(a): the statement was intended or likely to cause mutiny or dereliction of duty among armed forces personnel
3. For s.353(1)(b): the statement was intended or likely to cause public fear or alarm whereby any person may be induced to commit an offence against the State or public tranquillity
4. For s.353(1)(c): the statement was intended or likely to incite one class or community to commit an offence against another
5. For s.353(2): the statement contained false information, rumour, or alarming news intended or likely to promote feelings of enmity, hatred, or ill-will between different religious, racial, linguistic, regional, caste, or community groups
6. For s.353(3): the offence under s.353(2) was committed in a place of worship or in an assembly engaged in religious worship or ceremonies
7. The good-faith exception does not apply (i.e., the accused lacked reasonable grounds to believe the statement was true, or did not act without the prohibited intent)

Derived from IPC s.505.