Updated on March 12, 2025 10:13:56 AM
Clause 352 of BNS explain about the offence related to the intentional insult with intent to provoke breach of peace, which is previsouly mentioned under the Section 504 of the Indian Penal Code. Generally the word insult defines as a word or action that are abusive or demeaning to the person. But this simple word can lead a mental trauma for someone. Therefore, this offence comes under the punishable offence for which an individual can face imprisonment and penalties.
However, until the accused is found not guilty, the claim of provocative is just a claim. During trial, the accused can get bail with a promise to appear. In this article, we will go through the complete explanation of offence according to Clause 352 of BNS, punishments, penalties and bail provisions. Join us to understand the legal terms to comprehend the practical consequences.
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Here, is an overview of Clause 352 of BNS given below:
| Offence | Provocative Insult for Disturbance |
|---|---|
| Clause under BNS | Clause 352 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 2 year or Fine or Both |
| Triable | Police station/Any Magistrate |
Clause 352 of BNS clearly defines 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.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because mischief is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On the behalf of yours, the lawyer draft a bail application. In this application they outlines all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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BNS clause 352 provides provisions for punishment and bail procedures that are vital to ensuring justice and maintaining order. By defining clear guidelines for punishment and establishing fair bail procedures, it ensures that due process is upheld and individual rights are protected. However, everyone involved—law enforcement, courts, and defendants—must apply and uphold the law consistently for it to be effective. Clause 352 can help create a more fair and accountable criminal justice system by implementing it carefully and keeping an eye on it constantly. This will help people have more faith in the rule of law.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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