IPC 502 → BNS 356(4): Selling Defamation

Quick Summary: IPC 502 vs BNS 356(4)

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 502 (Selling 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(4), several such offences are non-cognizable or compoundable, which changes how selling defamation is pursued.

What did IPC 502 cover?

IPC 502 dealt with selling defamation — sale of printed or engraved substance containing defamatory matter. 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(4): What changed in the new law?

Community service added as alternative. From 1 July 2024, new complaints relating to selling defamation are filed under BNS Section 356(4), while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 356(4)

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: For selling defamation, check cognizability and whether the offence is compoundable before advising; the substantive provision is now BNS 356(4), not IPC 502.
• Police officers: Confirm whether the selling defamation offence is cognizable before acting, and cite BNS 356(4) where an FIR is registered.
• Law students & citizens: Some offences in this group, including selling defamation, can only be pursued on the complaint of the aggrieved person — know whether yours is cognizable.