Section 356 of the Bharatiya Nyaya Sanhita (BNS) applies when a person makes, publishes, or distributes statements—spoken, written, visual, or symbolic—that harm another person’s reputation.
Defamation occurs when the statement is false, intended to cause harm, or made with knowledge that it will harm the reputation of the person.
Punishment:
Whoever commits defamation shall be punished with simple imprisonment of up to two years, or a fine, or both, or with community service.
If a person prints, engraves, or distributes defamatory material, knowing or having reason to believe it is defamatory, they shall be punished with imprisonment of up to two years, or a fine, or both.
Whoever sells or offers for sale any printed or engraved material containing defamatory content, knowing it to be defamatory, shall also face imprisonment of up to two years, or a fine, or both.
How It Protects:
This section prevents false and harmful statements that damage a person’s reputation.
It ensures that freedom of speech is not misused to spread lies, defame individuals, or tarnish their dignity.
It also allows exceptions for fair criticism, public interest statements, and truthful reports.
Example:
If a person falsely accuses someone of corruption in a newspaper or on social media, knowing it to be false, they are guilty of defamation.
Similarly, if a business owner spreads false rumors about a competitor to harm their reputation, they can be prosecuted under this law.
