Daggers in Dialogue

The Bharatiya Nyaya Sanhita, 2023 (BNS) is one of the new criminal laws of India that has replaced the Indian Penal Code of 1860. It lays down various offences and their punishments to maintain law and order in society. Among these, it talks about acts such as criminal intimidation, insult, annoyance, defamation and similar offences that directly affect a person’s dignity, peace of mind and reputation. These may not always involve physical harm but they can cause serious mental and social harm. Understanding these provisions is important because they protect individuals from threats, humiliation or attacks on reputation in both personal and public life.

What is criminal intimidation?

Whoever threatens another by any means with any injury to his person, reputation, or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Does a threat to injure the reputation of a deceased person amount to criminal intimidation?

Yes. A threat to injure the reputation of any deceased person in whom the person threatened is interested is also covered.

Is there an illustration of criminal intimidation?

A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

What is the punishment for criminal intimidation generally?

It is punishable with imprisonment of up to two years, or with fine, or with both.

What if the threat involves death, grievous hurt, destruction of property by fire, an offence punishable with death, life imprisonment, imprisonment up to seven years, or imputing unchastity to a woman?

In such cases, the punishment may extend to imprisonment for seven years, or with fine, or with both.

What is the punishment if criminal intimidation is done by anonymous communication or with concealment of the person’s identity?

It is punishable with imprisonment of up to two years, in addition to the punishment otherwise provided for the offence.

What constitutes intentional insult likely to provoke breach of peace?

Whoever intentionally insults another in any manner and thereby provokes that person, intending or knowing it to be likely that such provocation will cause him to break public peace or commit any offence, commits this offence.

What is the punishment for such intentional insult?

It is punishable with imprisonment of up to two years, or with fine, or with both.

What acts are considered as statements conducing to public mischief?

Whoever makes, publishes, or circulates any statement, false information, rumour, or report, including through electronic means, in the following cases:

1. a)
   With intent to cause, or likely to cause, mutiny or disobedience among armed forces.
2. b)
   With intent to cause, or likely to cause, fear or alarm to the public leading to an offence against the State or public tranquillity.
3. c)
   With intent to incite, or likely to incite, any class or community to commit offences against another class or community.

What is the punishment for such acts?

Imprisonment of up to three years, or fine, or both.

What if the statement promotes enmity or hatred on grounds of religion, race, caste, language, or similar grounds?

Whoever circulates such false information to promote enmity, hatred, or ill-will between different groups shall be punished with imprisonment up to three years, or with fine, or with both.

What if such offence is committed in a place of worship or during religious ceremonies?

The punishment may extend to five years and fine.

Is there any exception to this offence?

Yes. It is not an offence if the person making, publishing, or circulating the information had reasonable grounds to believe it to be true, and acted in good faith without intent to cause mischief.

What constitutes this offence?

Whoever voluntarily causes or attempts to cause another person to do something he is not legally bound to do, or to omit something he is legally entitled to do, by inducing him to believe that failure will render him or someone he cares for an object of divine displeasure, commits this offence.

What is the punishment for this offence?

Imprisonment up to one year, or fine, or both.

Are there any illustrations?

1. a)
   A sits dharna at Z’s door to make Z believe that this act renders Z an object of divine displeasure. A has committed the offence.
2. b)
   A threatens Z that unless Z performs a certain act, A will kill his own child, making Z believe it renders him an object of divine displeasure. A has committed the offence.

What constitutes misconduct in public by a drunken person?

Whoever, in a state of intoxication, appears in a public place or in a place where his presence is trespass, and conducts himself in a manner causing annoyance to others, commits this offence.

What is the punishment?

Simple imprisonment up to twenty-four hours, or fine up to one thousand rupees, or both, or community service.

What is defamation?

Whoever by spoken words, intended writings, signs, or visible representations makes or publishes any imputation concerning a person intending to harm, or knowing or having reason to believe it will harm, that person’s reputation, commits defamation.

Can imputations about deceased persons amount to defamation?

Yes, if the imputation would harm their reputation if living and is intended to hurt the feelings of their family or relatives.

Can defamation be against companies or associations?

Yes. Imputations against a company, association, or group of persons may amount to defamation.

Can ironic or alternative statements amount to defamation?

Yes, such imputations can amount to defamation.

When is a person’s reputation said to be harmed?

When the imputation lowers his moral or intellectual character, caste, calling, credit, or makes others believe his body is in a disgraceful state.

Are there any illustrations of defamation?

(a)
A says, “Z is an honest man; he never stole B’s watch,” intending it to mean Z stole the watch. This is defamation unless an exception applies.

(b)
A points to Z when asked who stole B’s watch, intending to cause belief that Z stole it. This is defamation unless an exception applies.

(c)
A draws Z running away with B’s watch to imply theft. This is defamation unless an exception applies.

What are the exceptions where imputations are not defamation?

There are ten exceptions, including:

(a)
True imputations made for public good.

(b)
Good faith opinions on conduct of public servants.

(c)
Good faith opinions on conduct of persons on public questions.

(d)
Publication of substantially true court proceedings.

(e)
Good faith opinions on decided cases and conduct of parties/witnesses.

(f)
Good faith criticism of public performances.

(g)
Good faith censure by authority figures (judges, parents, masters, etc.).

(h)
Good faith accusations made to lawful authorities.

(i)
Good faith imputations made for protection of interests or public good.

(j)
Good faith cautions given for protection of another or public good.

Is criminal defamation constitutionally valid?

Yes. It is not unreasonable, vague, or disproportionate. It balances freedom of speech with the fundamental right to reputation under Article 21 of the Constitution.

What is the punishment for defamation?

Simple imprisonment up to two years, or fine, or both, or community service.

What is the punishment for printing or engraving defamatory matter knowingly?

Simple imprisonment up to two years, or fine, or both.

What is the punishment for selling defamatory material knowingly?

Simple imprisonment up to two years, or fine, or both.

What law has been repealed?

The Indian Penal Code (IPC) has been repealed.

What does repeal not affect?

It does not affect:

(a)
Previous operation of the repealed IPC.

(b)
Any right, privilege, obligation, or liability acquired under it.

(c)
Any penalty or punishment incurred.

(d)
Any investigation or remedy in respect of such penalty.

(e)
Any proceeding or remedy that can be continued or enforced as if the IPC had not been repealed.

Are actions under the repealed IPC deemed valid under the BNS?

Yes, any action taken under the repealed Code is deemed to have been taken under the corresponding provisions of the BNS.

Therefore, the provisions relating to criminal intimidation, insult, annoyance and defamation under the BNS show how the law safeguards not just physical safety but also mental peace and social respect. By defining these offences and prescribing punishments, the law aims to ensure that no one misuses speech, threats or actions to harm others. In a society where communication and interactions are constant, these rules play a vital role in maintaining harmony and mutual respect among people.

 Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.