IPC 499 → BNS 356: Defamation

Quick Summary: IPC 499 vs BNS 356

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 499 (Defamation) falls in the IPC's offences relating to marriage, reputation and intimidation — offences relating to marriage, cruelty by a husband or his relatives, defamation, and criminal intimidation or insult. Retained by the BNS as BNS 356, several such offences are non-cognizable or compoundable, which changes how defamation is pursued.

What did IPC 499 cover?

IPC 499 dealt with defamation — definition of defamation. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 356: What changed in the new law?

Includes online defamation. From 1 July 2024, new complaints relating to defamation are filed under BNS Section 356, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 356

N/A - Definition section

Practical implications for advocates, police & citizens

• Advocates: For defamation, check cognizability and whether the offence is compoundable before advising; the substantive provision is now BNS 356, not IPC 499.
• Police officers: Confirm whether the defamation offence is cognizable before acting, and cite BNS 356 where an FIR is registered.
• Law students & citizens: Some offences in this group, including defamation, can only be pursued on the complaint of the aggrieved person — know whether yours is cognizable.