Sections 504 and 505 IPC Intentional Insult and Public Mischief

Section 504 of the Indian Penal Code, 1860 punished intentional insult accompanied by provocation and the required intention or knowledge concerning breach of public peace or commission of another offence. Section 505 dealt with specified statements, rumours and reports capable of producing serious consequences for public order, public tranquillity, the armed forces or relations between groups.

Legal scope: This article explains Sections 504 and 505 IPC and the Code of Criminal Procedure, 1973 framework applicable before the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024.

Section 504 IPC - Intentional insult with intent to provoke breach of peace

Section 504 applied where a person intentionally insulted another and thereby gave provocation, intending or knowing it to be likely that the provocation would cause that person to break the public peace or to commit another offence.

The punishment was imprisonment of either description for a term extending up to two years, or fine, or both.

Essential ingredients of Section 504 IPC

Intentional insult

The insult must be intentional. The statutory offence is not framed around an accidental or unintended expression.

Provocation

The intentional insult must give provocation to the person concerned.

Required intention or knowledge

The accused must intend, or know it to be likely, that the provocation will have the consequence described in the section.

Breach of peace or another offence

The relevant anticipated consequence is that the provoked person will break the public peace or commit another offence.

Key point: Section 504 did not punish every insult merely because it was offensive. Its wording required intentional insult, resulting provocation, and the specified intention or knowledge concerning breach of public peace or commission of another offence.

Punishment and pre-BNSS classification of Section 504

ProvisionMaximum punishmentCentral CrPC classificationTrial court
Section 504 IPCImprisonment of either description up to two years, or fine, or bothNon-cognizable and bailableAny Magistrate

Section 505 IPC - Statements conducing to public mischief

Section 505 addressed making, publishing or circulating particular statements, rumours or reports where the statutory intention or likelihood requirements were satisfied. It contained separate forms of the offence in subsections (1), (2) and (3), together with a statutory exception.

Section 505(1) - Statements, rumours or reports causing specified public harm

Under Section 505(1), a person making, publishing or circulating a statement, rumour or report could be punished where it fell within any of the following statutory categories:

Section 505(1)(a)

A statement made with intent to cause, or likely to cause, an officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in duty.

Section 505(1)(b)

A statement made with intent to cause, or likely to cause, fear or alarm to the public or a section of the public whereby a person may be induced to commit an offence against the State or against public tranquillity.

Section 505(1)(c)

A statement made with intent to incite, or likely to incite, a class or community of persons to commit an offence against another class or community.

Punishment

An offence under Section 505(1) was punishable with imprisonment extending up to three years, or fine, or both.

Section 505(2) - Enmity, hatred or ill-will between classes

Section 505(2) dealt with making, publishing or circulating a statement or report containing rumour or alarming news with intent to create or promote, or which was likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste, community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups, castes or communities.

The punishment under Section 505(2) was imprisonment extending up to three years, or fine, or both.

Section 505(3) - Offence in a place of worship or religious assembly

Where an offence specified in Section 505(2) was committed in a place of worship or in an assembly engaged in religious worship or religious ceremonies, Section 505(3) prescribed imprisonment extending up to five years and also liability to fine.

Exception to Section 505 IPC

The statutory exception protected a person making, publishing or circulating such a statement, rumour or report where the person had reasonable grounds for believing it to be true and made, published or circulated it in good faith and without the prohibited intent specified by Section 505.

Punishments under Section 505 IPC

ProvisionNatureMaximum punishment
Section 505(1)Specified statements, rumours or reports affecting armed forces, public alarm or inter-class offencesImprisonment up to three years, or fine, or both
Section 505(2)Statements creating or promoting enmity, hatred or ill-will between specified groups or communitiesImprisonment up to three years, or fine, or both
Section 505(3)Section 505(2) offence committed in a place of worship or religious assemblyImprisonment up to five years and fine

Pre-BNSS CrPC position for Section 505

Under the central CrPC First Schedule, the offences under Section 505 were treated as cognizable and non-bailable. The applicable trial court depended on the particular subsection: the Section 505(1) and Section 505(2) offences were triable by a Magistrate of the First Class, while the aggravated Section 505(3) offence was triable by the Court of Session.

ProvisionCognizabilityBailTrial court
Section 505(1)CognizableNon-bailableMagistrate of the First Class
Section 505(2)CognizableNon-bailableMagistrate of the First Class
Section 505(3)CognizableNon-bailableCourt of Session

Section 196 CrPC sanction for prosecution

Section 196 CrPC imposed restrictions on courts taking cognizance of specified offences against the State and offences involving criminal conspiracy to commit such offences. For proceedings involving Section 505 IPC, the sanction requirements applicable under Section 196 had to be satisfied according to the subsection and circumstances of the prosecution.

Difference between Section 504 and Section 505 IPC

Section 504 IPCSection 505 IPC
Focused on intentional insult giving provocation, accompanied by the specified intention or knowledge concerning breach of public peace or another offence. Focused on making, publishing or circulating specified statements, rumours or reports with the statutory intent or likelihood affecting public order, armed forces, public tranquillity or relations between groups.

Related criminal intimidation provisions

Section 503 separately defined criminal intimidation, while Section 506 prescribed its punishment. See Sections 503 and 506 IPC - criminal intimidation and punishment.

For anonymous criminal intimidation and the related provisions in the same chapter, see Sections 507, 508, 509 and 510 IPC.

Frequently asked questions

What was Section 504 IPC?

Section 504 punished intentional insult that gave provocation where the accused intended or knew it to be likely that the provocation would cause the person to break the public peace or commit another offence.

What was the maximum punishment under Section 504?

Imprisonment of either description could extend to two years, or a fine could be imposed, or both.

What did Section 505 IPC cover?

Section 505 covered specified statements, rumours and reports connected with mutiny or failure of duty in the armed forces, public fear or alarm, offences between classes or communities, and promotion of enmity, hatred or ill-will between groups, subject to the precise statutory ingredients.

What was the maximum punishment under Section 505(3)?

Where the Section 505(2) offence was committed in a place of worship or an assembly engaged in religious worship or ceremonies, imprisonment could extend to five years and the offender was also liable to fine.

Did Section 505 contain an exception?

Yes. The section contained an exception based on reasonable grounds for believing the statement, rumour or report to be true, good faith, and absence of the prohibited intent.

Legal note: This page explains the IPC and CrPC framework before commencement of the BNS and BNSS. The law applicable to a particular matter depends on the date and place of the alleged offence, facts, procedural history, applicable amendments and saving provisions.