BACK TO SECTIONSAIR 1962 SC 955
Non-BailableCognizable: CognizableMagistrate First Class
THE STATUTE
Original Text
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 tranquillity; 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...
Simplified
Section 505 was the IPC's primary tool against fake news and communal rumours. Three categories: (a) statements likely to cause mutiny in armed forces; (b) statements likely to cause public fear or alarm inciting offences against the state; (c) statements inciting one community against another. The BNS (Section 353) adds 'electronic communication' explicitly — directly targeting viral fake news on WhatsApp, social media, and digital platforms. INTENT is required — the prosecution must prove the person intended to cause alarm or incite communities, or knew such results were likely.
Legal Evolution
With the rise of social media, Section 505 became critical for prosecuting viral misinformation — WhatsApp forwards that triggered mob lynchings, Facebook posts that ignited riots, and false social media posts about community-targeted crimes.
Landmark Precedents
Kedar Nath Singh v. State of Bihar (1962)
RELEVANCE
Only speech with tendency to incite public disorder, not merely critical or unpopular speech, attracts Section 505 — established the constitutional limits of the provision.
Practical Scenarios
"Circulating a fake WhatsApp message about a kidnapping gang in a locality causing panic — Section 505."
"Publishing a false report claiming a certain community's site has been desecrated to incite a riot — Section 505."
Common Queries
If the content creates public alarm or incites communities AND you knew it was likely false, yes. Good faith forwarding of what appeared genuine, without knowledge of falsity, is protected by the good faith exception.