Clause 353: Public Mischief
Updated on July 31, 2025 03:09:31 PM
Clause 353 defines the offence related to statement or rumour conducing to public mischief, which is previously covered under the Section 505 of the Indian Penal Code. This clause deals with all types of false rumours with the intent of conducting public mischief. In this electronic era, any false information or rumour gets viral very easily that can cause public mutiny. Offence under Clause 353 is a punishable offence and the accused might face imprisonment.
However, until the accused is found not guilty, the claim of conducing public mischief 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 mischief according to Clause 353 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 75 of BNS given below:
| Offence | Asset Concelment |
|---|---|
| Offence | Tampering with Property Mark |
| Clause under BNS | Clause 346 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 1 year or Fine or Both |
| Triable | Police station/Any Magistrate |
Clause 353 of BNS clearly defines that - “(1) Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means—
(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force 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 tranquility; 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 three years, or with fine, or with both.
(2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, 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) Whoever commits an offence specified in sub-section (2) in any place of worship or in any 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.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On your behalf, the lawyer drafts a bail application. In this application they outline 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.
BNS clause 353 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 353 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 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.
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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.
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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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