Meta Description: Learn BNS Sections 351 to 355, including criminal intimidation, intentional insult, public mischief, divine displeasure and public intoxication.
The BNS Sections 351 to 355 are part of Chapter XIX of the Bharatiya Nyaya Sanhita, 2023. These provisions cover criminal intimidation, intentional insult, statements causing public mischief, inducing a person to fear divine displeasure, and misconduct in public by a drunken person. The Bharatiya Nyaya Sanhita replaced the Indian Penal Code for offences committed under the new criminal law framework from July 1, 2024.
These sections are important because they deal with conduct that can affect an individual’s safety, reputation, freedom of choice, public peace, and public order. Their punishments and classifications are not identical. In particular, Section 351 contains several sub-sections, while Section 353 has different classifications depending on the specific conduct involved.
BNS S.351-355
Sections 351 to 355 of the BNS can be understood through the following overview:
| BNS Section | Offence | Maximum Punishment |
| Section 351 | Criminal intimidation | Up to 7 years in specified serious cases |
| Section 352 | Intentional insult intended to provoke breach of peace | Up to 2 years |
| Section 353 | Statements conducing to public mischief | Up to 5 years and fine in specified cases |
| Section 354 | Inducing a person to believe they will face divine displeasure | Up to 1 year |
| Section 355 | Misconduct in public by a drunken person | Up to 24 hours, fine, both, or community service |
All five provisions are located in Chapter XIX of the BNS, dealing with criminal intimidation, insult, annoyance and related offences.
What Is Section 351 of BNS?
BNS Section 351 deals with criminal intimidation. It applies when a person threatens another with injury to their person, reputation, property, or the person or reputation of someone in whom they are interested, with the required intention to cause alarm or to compel an act or omission.
The threat may involve physical harm, damage to reputation, or damage to property. The provision also recognizes threats concerning a person in whom the threatened individual has an interest.
BNS Section 351(1)
Section 351(1) defines criminal intimidation. A threat alone isn’t necessarily enough. The statutory intention behind the threat is important.
The relevant conduct includes threatening someone with injury while intending to:
- Cause alarm.
- Make the person do something they aren’t legally required to do.
- Make the person stop doing something they are legally entitled to do.
A threat to damage the reputation of a deceased person in whom the threatened individual is interested can also fall within the provision.
BNS Section 351(2) Punishment
For ordinary criminal intimidation, Section 351(2) provides imprisonment for up to two years, or fine, or both. It corresponds to the punishment framework formerly associated with IPC Section 506.
BNS Section 351(3)
Section 351(3) deals with more serious threats. These include threats involving death or grievous hurt, destruction of property by fire, certain serious offences, or imputing unchastity to a woman.
The punishment may extend to seven years’ imprisonment, or fine, or both.
BNS Section 351(4)
Section 351(4) addresses criminal intimidation through anonymous communication or where the person threatening takes steps to conceal where the threat originated.
It provides an additional punishment of up to two years’ imprisonment along with the punishment applicable under the relevant intimidation provision.
Is BNS Section 351 Cognizable and Bailable?
Under the First Schedule of the BNSS, Sections 351(2), 351(3), and 351(4) are classified as non-cognizable and bailable under the central schedule, with the trial assigned to the appropriate Magistrate. State-specific legal developments can affect the practical position, so the applicable local law should always be checked.
A significant example is Uttar Pradesh, where High Court decisions have considered the continuation of an earlier notification affecting the classification of serious criminal intimidation corresponding to IPC Section 506.
What Is Section 352 of BNS?
BNS Section 352 deals with intentional insult with intent to provoke a breach of peace.
It applies when a person intentionally insults another and gives provocation while intending, or knowing it to be likely, that the provocation will cause the person to break public peace or commit another offence.
The important elements are:
- There must be an intentional insult.
- The conduct must give provocation.
- The accused must intend, or know it is likely, that the provocation will lead to a breach of peace or another offence.
The maximum punishment is two years’ imprisonment, fine, or both. Under the BNSS First Schedule, the offence is non-cognizable and bailable and is triable by any Magistrate.
Example of Section 352 BNS
Suppose a person deliberately uses insulting words against another person with the purpose of provoking a violent breach of peace. If the statutory requirements are established, Section 352 may become relevant.
The context and intention matter. Every rude, unpleasant, or offensive statement automatically becomes an offence under this section.
What Is Section 353 of BNS?
BNS Section 353 deals with statements conducing to public mischief. It covers specified false statements, rumours, reports, and related communications that have the legally required purpose or likely effect.
Importantly, Section 353 isn’t limited to traditional spoken statements. The provision expressly covers making, publishing, or circulating certain statements, false information, rumours, or reports, including through electronic means.
BNS Section 353(1)
Section 353(1) addresses specified false statements, rumours, or reports circulated with the intent to cause, or with the likelihood of causing, an officer or member of the armed forces to mutiny or disregard their duty.
It also covers specified communications intended to cause fear or alarm to the public, where that may induce an offence against the State or public tranquillity.
The maximum punishment is three years’ imprisonment, fine, or both. The BNSS First Schedule classifies this category as non-cognizable and non-bailable.
BNS Section 353(2)
Section 353(2) concerns false statements, rumours, or reports made with the required intention to create enmity, hatred, or ill-will between different classes.
It carries imprisonment of up to three years, or fine, or both. The offence is classified as cognizable and non-bailable under the BNSS First Schedule.
BNS Section 353(3)
Section 353(3) deals with specified false statements, rumours, or reports made in a place of worship or in an assembly engaged in religious worship, where the required intention to create enmity, hatred, or ill-will exists.
The punishment can extend to five years’ imprisonment and fine. It is classified as cognizable and non-bailable.
Why Section 353 Needs Careful Interpretation
One common weakness in online explanations is treating the entire Section 353 as having one fixed classification. That is inaccurate.
The classification can differ according to the specific sub-section. Therefore, anyone reading about BNS 353 should identify the exact subsection alleged before determining punishment, cognizability, bail status, or procedure.
What Is Section 354 of BNS?
BNS Section 354 deals with inducing a person to believe that they will be rendered an object of divine displeasure.
The provision applies where a person voluntarily causes or attempts to cause another person to do something they aren’t legally required to do, or omit something they are legally entitled to do, by inducing or attempting to induce a belief that divine displeasure will result if they don’t comply.
The punishment can extend to one year’s imprisonment, fine, or both. Under the BNSS First Schedule, the offence is non-cognizable, bailable, and triable by any Magistrate.
Simple Example of BNS Section 354
If a person uses a claimed threat of divine displeasure to pressure another individual into doing something they aren’t legally bound to do, the circumstances may raise an issue under Section 354.
The prosecution would still need to establish the legal ingredients of the offence. A disagreement about religion or belief by itself doesn’t automatically establish criminal liability.
What Is Section 355 of BNS?
BNS Section 355 deals with misconduct in public by a drunken person.
It applies when a person, while intoxicated, appears in a public place or another place where they are trespassing and behaves in a manner that causes annoyance to another person.
The punishment may include:
- Simple imprisonment for up to 24 hours.
- A fine of up to ₹1,000.
- Both imprisonment and fine.
- Community service.
The offence is classified as non-cognizable and bailable and is triable by any Magistrate under the BNSS First Schedule.
The important point is that intoxication alone isn’t the complete statutory test. The provision also refers to conduct in a public place or relevant trespassed place and causing annoyance.
BNS Sections 351 to 355 and Their IPC Equivalents
The transition from the IPC to the BNS is one of the most common search intents for these provisions.
| BNS | Earlier IPC Provision | Main Subject |
| 351(1) | IPC 503 | Criminal intimidation |
| 351(2), 351(3) | IPC 506 | Punishment for criminal intimidation |
| 351(4) | IPC 507 | Anonymous criminal intimidation |
| 352 | IPC 504 | Intentional insult and breach of peace |
| 353 | IPC 505 | Statements conducing to public mischief |
| 354 | IPC 508 | Divine displeasure |
| 355 | IPC 510 | Misconduct in public by a drunken person |
The correspondence is reflected in comparative legal materials and current explanations of the BNS framework.
However, an IPC provision number should not automatically be substituted for a BNS provision. The date of the alleged conduct and the applicable savings provisions can matter when determining which law applies.
BNS 351 to 355: Cognizable and Bailable Status
The following table provides a quick reference based on the central BNSS First Schedule:
| Section | Cognizable Status | Bail Status | Court |
| 351(2) | Non-cognizable | Bailable | Any Magistrate |
| 351(3) | Non-cognizable | Bailable | Magistrate of First Class |
| 351(4) | Non-cognizable | Bailable | Magistrate of First Class |
| 352 | Non-cognizable | Bailable | Any Magistrate |
| 353(1) | Non-cognizable | Non-bailable | Any Magistrate |
| 353(2) | Cognizable | Non-bailable | Any Magistrate |
| 353(3) | Cognizable | Non-bailable | Any Magistrate |
| 354 | Non-cognizable | Bailable | Any Magistrate |
| 355 | Non-cognizable | Bailable | Any Magistrate |
These classifications come from the First Schedule of the BNSS. Section 353 is especially important because its three categories don’t have identical classifications.
Key Legal Ingredients to Understand
When reading BNS Sections 351 to 355, don’t focus only on punishment. The ingredients of each offence are equally important.
Intention
Several provisions require a particular intention or knowledge. For example, criminal intimidation under Section 351 requires the legally specified purpose behind the threat.
Conduct
The exact words, communication, behaviour, publication, or circumstances can determine which provision is relevant.
Context
A statement should generally be assessed in its complete context rather than through one isolated word or sentence.
Evidence
Messages, documents, recordings, witness accounts, publications, and surrounding circumstances can become relevant depending on the allegation and applicable procedural law.
Important Difference Between Sections 351 and 352
Sections 351 and 352 are sometimes confused because both can arise from interpersonal disputes.
Section 351 focuses on criminal intimidation through a qualifying threat.
Section 352 focuses on intentional insult and provocation with the required connection to a breach of peace or another offence.
Therefore, an insult isn’t automatically criminal intimidation. Likewise, every threat isn’t necessarily established merely by showing that offensive language was used. The statutory ingredients must be considered separately.
Why the BNS Sections 351 to 355 Matter
These provisions remain relevant in everyday disputes, communications, public conduct, and online activity.
Common search terms associated with these provisions include:
- BNS 351 punishment
- Section 351 BNS criminal intimidation
- BNS 351(2) and 351(3)
- BNS 352 punishment
- BNS 353 false statement
- BNS 353 public mischief
- BNS 354 divine displeasure
- BNS 355 drunken person
- BNS 351 IPC equivalent
- BNS 353 IPC equivalent
- BNS 355 IPC 510
- BNS cognizable and bailable offences
These terms reflect different search intents. A useful legal explanation should therefore answer both the meaning of the section and the practical classification associated with it.
Frequently Asked Questions
What is BNS Section 351?
BNS Section 351 deals with criminal intimidation, including qualifying threats intended to cause alarm or compel a person to act or refrain from a lawful act.
What is the punishment under BNS Section 351?
Basic criminal intimidation can attract up to two years, while specified serious threats under Section 351(3) can attract up to seven years.
Is BNS Section 351 bailable?
Under the central BNSS First Schedule, the relevant Section 351 punishment entries are classified as bailable, although state-specific legal rules can affect the position.
What is BNS Section 352?
Section 352 covers intentional insult intended or known to be likely to provoke a breach of peace or another offence and carries up to two years’ imprisonment, fine, or both.
What is BNS Section 353?
BNS Section 353 addresses specified false statements, rumours, and reports that can produce legally defined public harm, including certain communications through electronic means.
Is BNS Section 353 bailable?
The First Schedule classifies the Section 353 categories as non-bailable, but their cognizable status differs between subsections.
What is BNS Section 354?
Section 354 concerns inducing a person to believe that they or an interested person will face divine displeasure to compel an act or omission.
What is BNS Section 355?
Section 355 concerns specified misconduct in a public place by a person in a state of intoxication that causes annoyance to another person.
What is the IPC equivalent of BNS Section 355?
BNS Section 355 corresponds to IPC Section 510, which concerned misconduct in public by a drunken person.
When did BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, replacing the IPC framework for offences covered by the new law.
Conclusion
BNS Sections 351 to 355 cover five distinct areas of criminal law. Section 351 addresses criminal intimidation. Section 352 deals with intentional insult intended to provoke a breach of peace. Section 353 addresses specified statements and rumours causing public mischief. Section 354 covers coercion through a belief in divine displeasure. Section 355 concerns specified misconduct in public while intoxicated.
For accurate legal interpretation, the exact subsection, facts, evidence, date of the alleged conduct, and applicable procedural law must be considered. The BNSS First Schedule is particularly important when checking whether an offence is cognizable, bailable, and triable by a particular court.
This information is provided for general educational purposes and isn’t a substitute for advice from a qualified legal professional. Laws, notifications, and judicial interpretations can change, so a specific case should be checked against the current law and applicable state rules.
