Freedom of speech: what you can say, and what to do if police call

Every time you post an opinion, sign a petition, write to an editor or complain about a bad road, you are using one of your most important rights. That freedom has limits, and knowing where the line lies lets you speak with confidence and recognise when someone is trying to silence you without legal basis.

What the Constitution protects

Art 19(1)(a) gives every citizen the right to freedom of speech and expression. Courts read it widely: spoken and written words, art, films, cartoons, dress, silence, and speech on the internet. It includes the right to receive information, which is why press freedom and the right to information flow from it.

In Shreya Singhal v. Union of India (2015) the Supreme Court struck down Section 66A of the Information Technology Act, which allowed arrests for "offensive" or "annoying" online messages. The Court drew a line between discussion and advocacy, which are protected, and incitement, which is not. In Anuradha Bhasin v. Union of India (2020) it held that speech and trade through the internet are protected under Article 19, and that internet shutdowns must be necessary, proportionate and open to review.

The limits the law allows

Art 19(2) lets the State make laws imposing "reasonable restrictions" on these grounds only: sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; contempt of court; defamation; and incitement to an offence. In Kaushal Kishor v. State of Uttar Pradesh (2023) a Constitution Bench held that no ground beyond these can be added. "Reasonable" means the restriction must go no further than needed; a law cannot ban a whole subject because some people dislike it.

Where speech becomes a crime

The Bharatiya Nyaya Sanhita, 2023 (BNS) gives effect to these limits. The sections most often cited against posts and speeches are:

• Sec 196 BNS (earlier Sec 153A IPC): promoting enmity between groups on grounds of religion, race, caste, language and the like.
• Sec 197 BNS (earlier Sec 153B IPC): imputations that a group cannot be loyal to India, or statements prejudicial to national integration.
• Sec 299 BNS (earlier Sec 295A IPC): deliberate and malicious acts intended to outrage religious feelings.
• Sec 302 BNS (earlier Sec 298 IPC): words uttered with deliberate intent to wound religious feelings.
• Sec 353 BNS (earlier Sec 505 IPC): statements, rumours or false information likely to cause public mischief, fear or enmity.
• Sec 356 BNS (earlier Secs 499–500 IPC): defamation, meaning a false imputation that harms a real person's reputation. Truth for the public good, fair comment and opinion in good faith are defences.
• Sec 152 BNS: acts endangering the sovereignty, unity and integrity of India (see our separate article on sedition).

Courts insist these sections be read narrowly. In Imran Pratapgarhi v. State of Gujarat (2025) the Supreme Court quashed an FIR over a poem and held that the effect of words must be judged by the standard of a reasonable, strong-minded person, not of someone who feels threatened by every opposing view. It also held that for speech offences punishable with three to seven years, the police should normally use the preliminary inquiry allowed by Sec 173(3) BNSS (up to 14 days, with a senior officer's permission) before registering an FIR.

Step by step: if police contact you about a post

1. Do not delete anything. Your full post, in context, is usually your best defence. Take dated screenshots of it and of any threats you receive.
2. Ask for paper. Politely ask for a copy of the FIR and the sections invoked. You are entitled to a free copy of the FIR. If you get a phone call asking you to "come to the station", ask for a written notice.
3. Know the notice rule. For offences punishable with up to seven years, police should normally serve a notice to appear under Sec 35 BNSS (earlier Sec 41A CrPC) rather than arrest you, as the Supreme Court held in Arnesh Kumar v. State of Bihar (2014). Comply with the notice, with a lawyer.
4. Call a lawyer before you talk. You have the right to remain silent on questions that could incriminate you (Art 20(3)) and to consult an advocate. Call 15100 for free legal aid.
5. If arrested, you must be told the grounds, may inform a relative or friend, may meet your lawyer during questioning, and must be produced before a magistrate within 24 hours.
6. Go to the High Court if the case is baseless. An advocate can seek anticipatory bail and can ask the High Court to quash an FIR that does not disclose an offence, as courts regularly do in speech cases.