Indian Penal Code, 1860 · Chapter XXII: Or Criminal Intimidation, Insult and Annoyance
Section 505: Statements conducing to public mischief
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
[(1)] Whoever makes, publishes or circulates any statement, rumour or report,—
(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) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news 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) Offence under sub-section (2) committed in place of worship, etc.—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.]
Exception.—It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for
believing that such statement, rumour or report is true and makes, publishes or circulates it [in good faith and] without any such intent as aforesaid.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 505
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Sita Ram & Anr. v. The State of Himachal Pradesh
Matter pertains to the correctness of the order passed by the High Court holding the appellant no.1 guilty of offence punishable u/s. 304 IPC and appellant no. 2 for offences punishable u/ss. 323 and 451 IPC and…
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Sanjay Kundu v. Registrar General, High Court of
The proceedings before the High Court were initiated on an email from complainant, addressed to the Chief Justice of the High Court. The High Court suo motu registered a Criminal Writ Petition pursuant to the above…
- Kaushal Kishor v. State of Uttar Pradesh & Ors.
- Mohammed Zubair v. State of NCT of Delhi & Ors
- Zakia Ahsan Jafri v. State of Gujarat & Anr.
- Vinod Dua v. Union of India & Ors.
- Gautam Navlakha v. National Investigation Agency
- Patricia Mukhim v. State of Meghalaya & Ors.
- Amish Devgan v. Union of India and Others
- In Re: Prashant Bhushan and Anr. v. In Re:
- Arnab Ranjan Goswami v. Union of India and Ors.
- Romila Thapar and Ors. v. Union of India and Ors.
- Ganga Malik v. Union of India & Ors.
- State (Through) Central Bureau of Investigation v. Shri Kalyan Singh (Former Cm of Up) & Ors.
- Shreya Singhal v. Union of India
- Pravasi Bhalai Sangathan v. Union of India & Ors.
- N. Sengodan v. Secretary to Government, Home (Prohibition & Excise) Department, Chennai and Others
- Om Prakash & Anr. v. Union of India & Anr.
- Sajjan Kumar v. Central Bureau of Investigation
- S. Khushboo v. Kanniammal and Anr.