In recent weeks, the political landscape of Jammu & Kashmir witnessed a storm of controversy. MLA Mehraj Malik from Doda stirred outrage by posting highly derogatory and abusive comments targeting the District Commissioner (DC) of Doda on a public social media platform. The post not only shocked citizens but also strained the relationship between elected representatives and government officials.
In an exceptional administrative response, the DC invoked the Public Safety Act (PSA) to book the MLA, citing threats to public order. While the PSA provides a preventive mechanism in extraordinary situations, it raises a crucial question:
👉 What happens when lower-level government employees or ordinary citizens face similar attacks, and PSA is not applicable?
This blog post delves deep into the legal framework of Jammu & Kashmir, focusing on the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Nyaya Sanhita (BNS), and the Public Safety Act (PSA). It provides practical guidance to government officials, citizens, and political representatives, empowering them to navigate such controversies lawfully, ethically, and effectively.
🌐 The Shift from IPC & CrPC to BNSS & BNS: A Brief Overview
Historically, India’s criminal justice system was governed by the Indian Penal Code (IPC) and Criminal Procedure Code (CrPC).
However, in a significant reform, Jammu & Kashmir adopted the BNSS and BNS laws in 2023, replacing the outdated IPC/CrPC framework.
The Public Safety Act (PSA) continues to exist as a special preventive law in Jammu & Kashmir, allowing authorities to detain individuals without trial if they are perceived as a threat to public order or security.
👉 Key Distinction:
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BNSS and BNS handle criminal offenses procedurally.
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PSA provides a preventive, administrative option for exceptional cases of threat to public order.
⚖️ Legal Provisions Under BNSS & BNS
📜 1. Defamation and Insult
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✅ BNS, Section 352
Insult with intent to provoke a breach of public peace.
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✅ BNS, Section 356
Defamation via false or malicious statements damaging a person’s reputation.
→ Penalty: Up to 2 years imprisonment, fine, or both.
📜 2. Public Mischief
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✅ BNSS, Section 163
Issuing prohibitory orders to prevent mischief, particularly misuse of social media.
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✅ BNS, Section 353
Spreading false information or rumors with intent to cause public mischief.
📜 3. Insult to Public Servant
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✅ BNS, Section 267
Intentionally insulting a public servant in the execution of their duty.
→ Penalty: Imprisonment up to 6 months, fine up to ₹5,000, or both.
📜 4. Criminal Intimidation
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✅ BNS, Section 351
Threatening injury to a person, reputation, or property to cause alarm or compel unlawful action.
→ Penalty: Up to 2 years imprisonment, fine, or both.
📜 5. Public Safety Act (PSA)
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✅ PSA, Section 8:
Permits detention of a person up to 2 years without trial if they are perceived to be a threat to public order or state security.
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✅ When Used in This Case:
MLA Mehraj Malik was booked under PSA for using derogatory and inflammatory remarks against a public official, which were seen as disturbing public peace.
👉 Important Note:
While PSA is a preventive measure for serious cases, it should NOT be the first option. BNSS & BNS criminal provisions provide a clear legal path for addressing defamation, insult, intimidation, and mischief.
🚨 Real-Life Application: What Should Government Officials Do?
✅ Step-by-Step Legal Approach
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Document the Offense
➔ Take screenshots, record URLs, and preserve timestamps of abusive posts or threatening messages.
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File a Complaint
➔ Official FIR under applicable BNSS/BNS sections:
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Defamation → Section 356 BNS
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Insult → Section 352 BNS
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Public Mischief → Sections 163 BNSS & 353 BNS
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Insult to Public Servant → Section 267 BNS
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Criminal Intimidation → Section 351 BNS
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PSA as Last Resort
➔ In extraordinary cases of public disorder, PSA (Section 8) may be invoked by the DC, but NOT for routine cases.
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Maintain Professionalism
➔ Avoid engaging in public rebuttals; let the legal system handle the matter.
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Report Internally
➔ Inform superiors and the administrative hierarchy to ensure institutional support.
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Consult Legal Experts
➔ Understand the full legal scope and proceed accordingly.
📢 Responsible Conduct Guide for Citizens & MLAs
👥 Citizens
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✔️ Freedom of speech is bound by Article 19(1)(a) and reasonable restrictions.
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✔️ Defamation → File complaint under BNS Section 356.
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✔️ Spreading rumors → Penal under BNS Section 353.
🏛️ MLAs & Public Representatives
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✔️ Criticize policies—not individuals.
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✔️ Avoid inflammatory posts violating BNSS Section 350, BNS Section 267, or BNS Section 351.
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✔️ Criminal intimidation of officials leads to legal action under BNS Section 351.
✅ Example Scenario Table
| Scenario |
Legal Provision |
Recommended Action |
MLA abuses Tehsildar online |
BNSS Section 350 + BNS Section 267 + BNS Section 356 |
Complaint to police + Civil defamation suit |
Citizen spreads false rumors about DC |
BNS Section 353 + BNSS Section 163 |
FIR + Prohibitory order |
Threatening public official online |
BNS Section 351 + BNS Section 267 |
FIR under criminal intimidation + Administrative escalation |
Inciting public unrest targeting DC |
BNSS Section 163 + BNS Section 353 |
Prohibitory order + Police action |
In extreme public order threat |
PSA, Section 8 |
Preventive detention up to 2 years |
🌟 Conclusion: Lawful Action Is The True Power
The MLA vs DC Doda controversy teaches us that democracy thrives when guided by law—not personal vendettas or emotional reactions.
✅ Government officials should follow BNSS, BNS, and PSA provisions with professionalism.
✅ Citizens and MLAs must understand that responsible speech is essential for democratic health.
✅ Insult, defamation, intimidation, and public mischief carry strict punishments under BNSS Sections 350, 163 and BNS Sections 356, 267, 351, 353, while PSA serves as a preventive extreme measure.
📚 Stay informed. Stay empowered.
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