Clause 354: Inducing Divine Displeasure Belief - Punishment and Bail Procedure

Updated on March 22, 2025 09:20:39 AM

Clause 354 defines the offences related to the Inducing Divine Displeasure belief which was previously mentioned under Section 354 of the Indian Penal Code. Under this section, the act of inducing fear or belief in divine punishment to coerce someone into performing or refraining from a particular action is criminalised. Individuals must not exploit religious beliefs or sentiments for personal gain or maliciously manipulate others.

However, until the accused is found not guilty, the claim of inducing divine displeasure belief 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 the offence according to Clause 354 of BNS, punishments, penalties and bail provisions. Join us to understand the legal terms to comprehend the practical consequences.

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Overview

Here, is an overview of Clause 354 of BNS given below:

Details Information
Offence Inducing Divine Displeasure belief
Clause under BNS Clause 354
Bail Bailable
Nature of Offence Non-Cognizable
Penalties and Punishments Imprisonment for 3 to 5 years, Fine or Both
Triable Police station/Any Magistrate

Defining Offence and Punishment under Clause 354

Clause 353 of BNS clearly defines that - “(1) Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means—

    Clause 354 of BNS clearly defines that - “Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”

Bail Provision for the Offence under Clause 354

Here, the complete stepwise procedure of Bail is given below:

Step 1: Seeking Legal Professional help

It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because it 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.

Step 2: Application Filing

On your behalf, the lawyer drafted 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.

Step 3: Grant of Bail or Denied

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.

Why Litem Legalis?

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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Conclusion

BNS clause 354 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 354 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.

Frequently Asked Questions (FAQs)

What is Bail?

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.

What is Bharatiya Nayaya Sanhita 2023?

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.

Which offences are not applicable for bail?

Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.

What is the Anticipatory 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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