IPC 500 → BNS 356(2): Defamation Punishment

Quick Summary: IPC 500 vs BNS 356(2)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 500 (Defamation Punishment) 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(2), several such offences are non-cognizable or compoundable, which changes how defamation punishment is pursued.

What did IPC 500 cover?

IPC 500 dealt with defamation punishment — punishment for 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(2): What changed in the new law?

Community service as alternative. From 1 July 2024, new complaints relating to defamation punishment are filed under BNS Section 356(2), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 356(2)

Same - Up to 2 years or fine or both

Practical implications for advocates, police & citizens

• Advocates: For defamation punishment, check cognizability and whether the offence is compoundable before advising; the substantive provision is now BNS 356(2), not IPC 500.
• Police officers: Confirm whether the defamation punishment offence is cognizable before acting, and cite BNS 356(2) where an FIR is registered.
• Law students & citizens: Some offences in this group, including defamation punishment, can only be pursued on the complaint of the aggrieved person — know whether yours is cognizable.