BNS Section 356 — Criminal Defamation (formerly IPC 499 & 500)
in Patna
Section 356 of the Bharatiya Nyaya Sanhita 2023, which replaced Sections 499 and 500 of the Indian Penal Code on 1 July 2024, defines and penalises criminal defamation. Section 356(1) defines defamation as making or publishing an imputation concerning a person, intending to harm, or knowing or having reason to believe it will harm, that person's reputation. Section 356(2) prescribes simple imprisonment of up to two years, a fine, both, or community service.
- →Applies to spoken word, written word, signs, and visible representations — including online content
- →Truth is a defence only where the imputation is made for the public good (First Exception)
- →A court takes cognizance only on a complaint by the person aggrieved (BNSS 2023 s.222, formerly CrPC s.199)
- →Punishment: simple imprisonment up to 2 years, or fine, or both, or community service
BNS s.356 for content removal in Patna.
A defamation notice to the content originator, drafted and issued by our partner law firm, sets out the author's exposure under BNS s.356 and in civil defamation. The notice creates no liability by itself, but a clear statement of that exposure often prompts a retraction. If it does not, the person defamed can file a complaint before a Magistrate, and a civil suit for an injunction remains available alongside it.
Opinion, fair comment and good-faith statements are protected by the Exceptions to Section 356(1), and a true imputation made for the public good is not defamation. Offences committed before 1 July 2024 are still tried under IPC 499/500. Courts weigh proportionality in criminal defamation cases involving public figures.
How does BNS Section 356 — Criminal Defamation (formerly IPC 499 & 500) apply to content removal in Patna?+
A defamation notice to the content originator, drafted and issued by our partner law firm, sets out the author's exposure under BNS s.356 and in civil defamation. The notice creates no liability by itself, but a clear statement of that exposure often prompts a retraction. If it does not, the person defamed can file a complaint before a Magistrate, and a civil suit for an injunction remains available alongside it. In Patna, RepuLex uses BNS s.356 alongside court filings by its partner law firm to achieve permanent content removal: a suit for an injunction goes to the competent civil court in Patna, and a writ petition to Patna High Court.
Can BNS Section 356 — Criminal Defamation (formerly IPC 499 & 500) be used to remove content targeting Patna businesses?+
Yes. BNS s.356 has national jurisdiction under Indian law — a notice or court proceeding initiated in Patna is effective against platforms and content originators across India. IT Act proceedings do not require you to prove where the content server is located.
What are the limitations of BNS Section 356 — Criminal Defamation (formerly IPC 499 & 500) for Patna cases?+
Opinion, fair comment and good-faith statements are protected by the Exceptions to Section 356(1), and a true imputation made for the public good is not defamation. Offences committed before 1 July 2024 are still tried under IPC 499/500. Courts weigh proportionality in criminal defamation cases involving public figures. For Patna clients, RepuLex assesses each case to determine which combination of legal provisions — IT Act, BNS 2023 s.356 (formerly IPC 499/500), or civil-court injunctions — will be most effective given the specific content and platform.
Use BNS s.356 to remove content in Patna.
Fixed fee · Legal notices · Patna High Court jurisdiction · Written confirmation