Indian Penal Code 1860
Section 505 :
1.[Statements conducing to public mischief:
(See section 353 of BNS 2023)
Classification of Offence:
Offence : False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace.
Punishment :Imprisonment for 3 years, or fine, or both.
Cognizable or Non-cognizable :Non-cognizable ( State Amendment, Madhya Pradesh and Chhattisgarh : Cognizable )
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Offence : False statement, rumour, etc., with intent to create enmity, hatred or illwill between different classes.
Punishment :Imprisonment for 3 years, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Offence : False statement, rumour, etc., made in place of worship, etc., with intent to create enmity, hatred or ill-will.
Punishment :Imprisonment for 5 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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2.[(1)] Whoever makes, publishes or circulates any statement rumor or report, –
(a) with intent to cause, or which is likely to cause, any officer soldier, 3.[sailor or airman] in the Army, 4.[Navy or Air Force] 5.[of India] to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community; shall be punished with imprisonment which may extend to 6.[three years], or with fine, or with both.
7.[(2) Statements creating or promoting enmity, hatred or ill-will between classes. –
Whoever makes, publishes or circulates any statement or report containing rumor or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(3) Offence under sub-section (2) committed in place of worship, etc. –
Whoever commits an offence specified in sub-section (2) in any place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
Exception :
It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement rumor or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 7.[in good faith and] without any such intent as aforesaid.]
State Amendment :
Madhya Pradesh and Chhattisgarh :
Offence under sub-section (1) of Section 505 is cognizable.
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1. Subs. by Act 4 of 1898, s. 6, for s. 505.
2. Section 505 re-numbered as sub-section (1) of that section by Act 35 of 1969, s. 3.
3. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
4. Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
5. Subs. by the A. O. 1950, for “of Her Majesty or in the Imperial Service Troops” The words “or in the Royal Indian Marine” occurring after the word “Majesty” omitted by Act 35 of 1934, s. 2 and Sch.
6. Subs. by Act 41 of 1961, s. 4, for “two years”.
7. Ins. by Act 35 of 1969, s. 3.
