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.
Example:
Vijay provokes Rakesh and Amit by spreading a false rumour that Aslam, a Muslim is selling beef. This results in quarrels and breaking of public peace. Here, Vijay will be punished with imprisonment up to 2 years, or fine, or both.
Key Points:
Intentional Insult:
The section covers instances where an individual intentionally insults another person. The insult must be done deliberately, with a clear intention to offend.
The insult could be verbal, written, or even a gesture or action that degrades the dignity of another person.
Provocation:
The key element here is that the insult must be of a nature that provokes the victim.
The person insulting knows or intends that their actions are likely to provoke the victim into breaking public peace or committing an offence.
Provocation essentially means an action that stirs or incites another person to act in a way they would not have otherwise.
Breach of Public Peace:
The insult must be such that it provokes the other person to break the public peace, i.e., cause some disturbance in the social order.
A breach of public peace refers to acts like fighting, creating a ruckus, or any action that disturbs the harmony in society.
Committing Any Other Offence:
The insult should also have the potential to provoke the victim into committing any other offence under the law, such as assault or defamation.
Punishment:
The punishment under Section 352 is:
Imprisonment of either description (simple or rigorous) for a term that may extend to two years.
Fine or both imprisonment and fine can be imposed based on the severity of the provocation and the situation.
Important Points to Note:
Mens Rea (Guilty Mind):
Intent is crucial here. The person must intentionally cause insult with the knowledge that it would provoke the victim to breach the peace or commit an offence.
If the insult is made in jest or without the intent to provoke, it might not attract punishment under this section.
Subjective Interpretation:
The interpretation of what constitutes an insult and provocation can be subjective. What may insult one person might not necessarily offend another.
Courts typically assess the context, words used, and actions to determine whether the insult was intentional and if it likely provoked the victim to commit a breach of peace.
Public Peace vs. Private Insult:
The breach of peace is an important aspect here. If the insult does not lead to a public disturbance or a reaction that affects public order, the section may not apply.
Application in Practice:
Challenges in Evidence:
Proving intent behind the insult and the likelihood of provocation leading to a breach of peace can sometimes be difficult. Circumstantial evidence, witness statements, and the context of the incident are crucial in such cases.
Preventive Nature:
The section acts as a preventive measure to maintain public peace and order by deterring individuals from making provocative insults in public.
Offence : Insult intended to provoke breach of the peace.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Any Magistrate.
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Frequently Asked Questions on BNS Section 352
What is the punishment under BNS 352?
The punishment for the offence under Section 352 can extend to two years of imprisonment, or a fine, or both.
Is BNS 352 a cognizable offense?
Yes, The offense under BNS 352 is generally classified as a non-cognizable offense.
Is BNS 352 a bailable offense?
Yes. The offense under BNS 352 is generally considered less serious compared to other offenses, so these offenses are often classified as bailable offenses.