Criminal LawSection 356, Bharatiya Nyaya Sanhita, 2023

BNS Section 356

What actions are considered defamation under the Bharatiya Nyaya Sanhita?

Short answer

Defamation is any spoken, written, signed or visual statement that intends to or is likely to harm a person's reputation, unless an exception applies.

In detail

Under Section 356 of the Bharatiya Nyaya Sanhita, defamation includes any words spoken, written, signed, or shown as pictures that make an imputation about a person with the intention to harm or with knowledge that it will likely harm the person's reputation. Harm is defined as lowering the person's moral or intellectual character, caste, profession, credit, or suggesting a disgraceful or loathsome condition. The provision also covers statements about deceased persons, companies, or groups, and even ironic remarks if they are intended to be hurtful. However, the law provides several exceptions: a true statement made for the public good; a good‑faith opinion on the conduct of a public servant or any person involved in a public question; a substantially true report of court proceedings; and a good‑faith opinion on the merits of a case or the character of a party, witness or agent as it appears in that conduct. If any of these exceptions apply, the statement is not deemed defamation.

Reviewed by LegalX Editorial · 3 September 2026View source

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