Section 352 of the Bharatiya Nyaya Sanhita, 2023 states that:

“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.”

In simpler terms, Section 352 aims to prevent breach of public peace by penalizing proactive insults. For instance: Z insults Y with malice intent knowing that would provoke him and Y will breach public peace or commit any other, then Z is liable under this section.

Essential Elements of Section 352, BNS:

  • Intention Insult: The offender must have an intent to insult. The insult could be express or implied (written, verbal or even a gesture) which aims to harm the dignity of another person.
  • Provocation: The insult must lead to provocation (incite the other person to act in a way).
  • Knowledge: The offender must have prior knowledge or reason to believe that the provocation will lead to breach of public peace.
  • Breach of Public Peace: The insult must provoke the other person which must lead to breach of public peace.
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Frequently Asked Questions

Section 352 of BNS penalizes any person who intentionally insults another with the intention or knowledge that it may provoke the other person to breach public peace or commit an offence.

Any form of insult verbal, written, or gestural — that is intended to provoke a breach of peace falls under this section.

A person convicted under Section 352 can face imprisonment up to 2 years, a fine, or both.

Yes, intent or knowledge of provoking a breach of peace is a crucial element for conviction under this section.

Yes, if an online comment or post is proven to intentionally insult someone and provoke public disturbance, Section 352 may apply.