सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 352

Intentional insult with intent to provoke breach of peace

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.