Bharatiya Nyaya Sanhita, 2023
Section 352
Intentional insult with intent to provoke breach of peace
Whoever intentionally insults in any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Why this exists
This provision exists to stop people from deliberately using insults as a tool to provoke violence or public disorder. It targets the insult itself when it is calculated to trigger a breach of peace, distinguishing ordinary rudeness (not a crime) from provocation aimed at causing disorder.
How courts read it
Courts applying the identical earlier IPC provision (section 504) have held that mere insulting words are not enough — there must be a real likelihood, known to the accused, that the insult would provoke the other person to break the peace or commit an offence.
Common misconceptions
- Myth: Any rude comment or insult is a crime under this section.
Fact: Ordinary insults are not covered — the law requires that the insult was intended, or known to be likely, to provoke a breach of the peace or another offence.