Fake news and forwards: when sharing becomes a crime
When a forward becomes an offence under Sec 353 BNS, what platforms must do under the IT Rules, how to check a message, and what to do if you shared one.
In short
- There is no offence called "fake news". Being wrong is not a crime. Sharing false information that causes public alarm, incites a community or threatens national security can be, under Secs 353 and 197(1)(d) BNS.
- You are protected if you had reasonable grounds to believe the message was true and shared it in good faith. "Forwarded as received" is not a defence by itself.
- Check before you forward: source, date, place, and whether any reliable outlet or official account carries it. When in doubt, do not forward.
- If you shared something false, delete it and correct it in the same group. If a false message targets you, report it to the platform and on cybercrime.gov.in.
A message arrives on your phone. It warns of child kidnappers in your area, or shows a shocking video "from the next town". It looks urgent, so you forward it. Within hours it reaches thousands. Some messages like this have ended in mob violence and deaths. Most people who forward false messages mean no harm, but the law does not treat every forward the same way.
Is fake news a crime?
India has no law that punishes "fake news" as such. The protection for speech in Art 19(1)(a) covers opinions and honest mistakes; restrictions must fit the grounds in Art 19(2), such as public order and incitement to an offence. So the law punishes not falsehood itself, but false information that causes, or is likely to cause, specific harms.
The laws that can apply
- Sec 353(1) BNS (earlier Sec 505(1) IPC): making, publishing or circulating a false statement, rumour or report, including electronically, with intent to cause, or which is likely to cause, fear or alarm to the public so that someone may commit an offence against the State or public peace, or to incite one community against another. Up to three years, or fine, or both.
- Sec 353(2) BNS: false information or alarming news that creates or promotes enmity, hatred or ill will between groups on grounds of religion, caste, language, region and the like. Up to three years, or fine, or both; up to five years and fine if done in a place of worship (Sec 353(3)).
- Sec 197(1)(d) BNS: making or publishing false or misleading information that jeopardises the sovereignty, unity, integrity or security of India. Up to three years, or fine, or both.
- Sec 356 BNS: defamation, if the false message harms a named person's reputation.
- The Disaster Management Act, 2005 punishes false alarms or warnings about a disaster.
The good-faith exception. Sec 353 BNS says it is not an offence if the person had reasonable grounds to believe the statement was true and shared it in good faith, without the harmful intent described. "Good faith" in the BNS means with due care and attention. So a quick check before forwarding is not just sensible; it is what the law expects.
What is no longer law. In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Sec 66A of the IT Act, which punished "offensive" or "annoying" online messages. No case can be registered under it, and the Court has repeated this in later orders.
What platforms must do
Under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, platforms must tell users not to share information that is patently false or misleading, appoint a grievance officer, and act on complaints and lawful orders. Amendments in force from 20 February 2026 tightened the timelines: unlawful content must be removed within three hours of a court or authorised government order, and complaints about nudity or impersonation must be acted on within two hours. The 2026 amendments also require AI-generated or "synthetically generated" images and videos to be clearly labelled, and allow platforms to label or remove undisclosed deepfakes. If a platform ignores your complaint, you can appeal to the Grievance Appellate Committee at gac.gov.in within 30 days.
A 2023 rule that would have let a government "fact check unit" flag content about the Central Government as fake was struck down by the Bombay High Court in Kunal Kamra v. Union of India (2024). The matter has been taken to the Supreme Court; as of 2026, treat the position as unsettled and rely on independent and official fact-checks rather than any single arbiter.
Step by step: how to check a message
- Find the source. Who first said this? An official account, a known news outlet, or "a friend of a friend"? Messages with no source are most often false.
- Search the claim. Type the key words into a search engine. If it were true and important, several reliable outlets would carry it.
- Check the date and place. Many "breaking" videos are years old or from another country, with a new story attached. Reverse image search helps.
- Look for warning signs. "Forward to everyone", "the media is hiding this", spelling errors, no names, no dates.
- Use fact-checkers. For claims about government schemes and announcements, PIB Fact Check accepts queries on WhatsApp at +91 8799711259. Independent fact-checking sites cover viral claims daily.
- When in doubt, do not forward. Reply to the sender with what you found instead.
Deepak, a school teacher, receives a voice note in his village group saying a gang in a white van is kidnapping children and has been seen near the market. The group is already panicking. Deepak calls the police station on 112: there is no such report. He searches and finds the same voice note was circulated in three other states last year. He posts in the group that the police confirm it is false and asks people not to forward it. When one member insists on sharing it in other groups, Deepak reminds him that spreading alarming rumours can be an offence under Sec 353 BNS. The panic dies down and no one is hurt.
If you shared something false, or are the target
- You shared it: delete it, and post a correction in the same group saying it was false. This shows good faith and reduces harm. Do not argue or double down.
- You receive a police notice: do not ignore it. Take an advocate with you or call 15100. Explain what you believed and why; show the correction you posted.
- A false message targets you or your business: take screenshots with date and sender, report to the platform's grievance officer, and file on cybercrime.gov.in. For defamation, see our separate guide.
- A rumour threatens a community or violence: report to the local police at once and call 112 if danger is imminent.
Keep these ready
- Screenshot of the message with date, time, sender and group name.
- Screenshots of your correction, if you forwarded it by mistake.
- Fact-check links or official denials you found.
- Platform complaint number and cybercrime.gov.in acknowledgement.
Adding "forwarded as received" or "not verified" does not protect you. The law asks whether you had reasonable grounds to believe the message true and shared it in good faith. Forwarding an alarming message you have not checked is the opposite of good faith.
Where to go
- Platform grievance officer (details in the app's help or legal section); appeal at gac.gov.in.
- cybercrime.gov.in or helpline 1930 for online offences; local police station for rumours threatening violence; emergency 112.
- PIB Fact Check (WhatsApp +91 8799711259) for claims about Central Government schemes and announcements.
- Free legal aid 15100 (NALSA) if you receive a notice or summons.
Common questions
Can I be arrested for forwarding a WhatsApp message?
Only if the message falls within an offence such as Sec 353 BNS (alarming rumours or enmity between communities) and you lacked good faith. Honest mistakes made after reasonable checking are protected. These offences carry up to three years, so under Arnesh Kumar v. State of Bihar (2014) police must record reasons before arresting and should normally issue a notice to appear instead.
Is Section 66A of the IT Act still used?
No. The Supreme Court struck it down in Shreya Singhal v. Union of India (2015) as unconstitutionally vague. If an FIR cites Sec 66A, point this out in writing; courts have quashed such cases. Other provisions, such as Sec 353 BNS, may still apply to the facts.
Is sharing a political meme or satire fake news?
Satire, opinion and criticism are protected speech. They become a problem only when presented as fact in a way that causes public alarm, incites hatred between groups or defames a real person. Clearly labelled satire rarely meets that test, but AI-generated images that look real now need labelling under the 2026 IT Rules amendments.
How do I get a false message about me removed?
Report it in-app and write to the platform's grievance officer with the link and why it is false. If there is no proper response, appeal to the Grievance Appellate Committee within 30 days. For impersonation or nudity, platforms must act within two hours of your complaint. For defamation, a legal notice or a complaint before a magistrate under Sec 356 BNS is the further step.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
