BNS PART 129 | SECTION 355 356 357 358 BNS | Dr. Jinesh Soni | 2024

Section 355: Misconduct in public by a drunken person. Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with both or with community service. Defamation BNS | Section 356 BNS | Section 356 of The Bharatiya Nyaya Sanhita | New IPC | Bare Act Section 356 of The Bharatiya Nyaya Sanhita | BNS : (1) Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Illustrations. (a) A says— “Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions. (b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. (c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. Exception 1.— It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Exception 2.— It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Exception 3.— It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration. It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. Section 357 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS Of breach of contract to attend on and supply wants of helpless person Breach of contract to attend on and supply wants of helpless person. Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. Section 358 BNS | Bharatiya Nyaya Sanhita Repeal and savings. (1) The Indian Penal Code is hereby repealed. (2) Notwithstanding the repealof the Code referred to in sub-section (1), it shall not affect,— (a) the previous operation ofthe Code so repealed oranything duly done or (b) any right, privilege,obligation or liability acquired,accrued or incurred under the Code so repealed; or (c) any penalty, or punishmentincurred in respect of anyoffences committed against theCode so repealed; or (d) any investigation or remedyin respect of any such penalty,or punishment; or