Hate speech law in India: the BNS sections and how to report

A speech at a rally, a post on social media or a message in a group chat can turn neighbours against each other. India protects free speech strongly, and it also punishes speech that spreads hatred between groups. This guide explains where that line lies, what the sections say, and how to report hate speech so that something actually happens.

What the Constitution allows

Art 19(1)(a) guarantees freedom of speech and expression. Art 19(2) allows reasonable restrictions in the interests of, among other things, public order, decency or morality, and incitement to an offence. Hate speech laws rest on these grounds.

The main offences

• Sec 196 BNS (earlier Sec 153A IPC): promoting enmity between groups on grounds of religion, race, place of birth, residence, language, caste or community, by words, signs or electronic communication, or doing acts prejudicial to harmony. Up to three years, or fine, or both; up to five years and fine if done in a place of worship or religious gathering.
• Sec 197 BNS (earlier Sec 153B IPC): saying that a class of people cannot be loyal to the Constitution or should be denied their rights as citizens because of their religion, race, language, caste or community; also publishing false information that threatens India's sovereignty, unity, integrity or security. Up to three years, or fine, or both; five years in a place of worship.
• Sec 299 BNS (earlier Sec 295A IPC): deliberate and malicious acts intended to outrage the religious feelings of a class by insulting its religion or beliefs. Up to three years, or fine, or both.
• Sec 302 BNS (earlier Sec 298 IPC): words, sounds or gestures made with the deliberate intention of wounding the religious feelings of a person. Up to one year, or fine, or both.
• Sec 353 BNS (earlier Sec 505 IPC): statements, rumours or alarming news circulated, including electronically, to cause fear or alarm that may lead to an offence, or to create enmity between groups. Up to three years, or fine, or both; five years in a place of worship. No offence if the person reasonably believed the statement true and shared it in good faith.

Two more rules matter. Seeking votes by promoting enmity on grounds of religion, race, caste, community or language is a corrupt practice and an offence under the Representation of the People Act, 1951. And for Secs 196, 197 and 299 BNS, a court cannot take up the case without prior sanction of the government (Sec 217 BNSS), which is one reason prosecutions move slowly even after an FIR.

Where free speech ends

• In Ramji Lal Modi v. State of U.P. (1957), the Supreme Court upheld the old Sec 295A because it punishes only deliberate and malicious insults, not every remark that hurts.
• In Bilal Ahmed Kaloo v. State of A.P. (1997), the Court held that "promoting enmity" needs at least two groups. Criticising one group or one person, however harshly, is not enough by itself.
• In Pravasi Bhalai Sangathan v. Union of India (2014), the Court described how hate speech marginalises a group and lowers its standing in society.
• In Shaheen Abdulla v. Union of India (2022 and 2023), the Court directed police across all states to register FIRs for hate speech on their own, without waiting for a complaint, whatever the religion of the speaker, and warned that failure would be contempt of court.

How it works in practice

Police must record an FIR for a cognizable offence (Sec 173 BNSS). In practice, stations are sometimes reluctant where the speaker is powerful. Three things help: clear evidence with dates, a written complaint that quotes the exact words and names the section, and a reference to the Shaheen Abdulla directions. Online, platforms must remove unlawful content within three hours of a court or authorised government order under the IT Rules, 2021 as amended in 2026; a user complaint to the grievance officer is slower but creates a record.

Step by step: how to report

1. Record the evidence. Screenshots or recordings showing date, time, account name and link. For a speech, note the place, time, speaker and witnesses. Save it privately; do not forward it.
2. Write a complaint. One page: what was said (quote it), where and when, which groups it targets, and the sections (Secs 196, 299 or 353 BNS). Attach the evidence, sign and date it.
3. Go to the police station where the speech was made or where you saw the post. Ask for a free copy of the FIR. If the station refuses, send the complaint to the Superintendent of Police by registered post (Sec 173(4) BNSS); if nothing happens, apply to the Judicial Magistrate under Sec 175(3) BNSS.
4. Report online content on cybercrime.gov.in, and to the platform's grievance officer. If the platform does not act, appeal to the Grievance Appellate Committee at gac.gov.in within 30 days.
5. Danger: if violence is threatened, call 112. For legal help, call 15100.

If you are accused

An FIR is not a conviction. Get a copy of the FIR, consult an advocate before giving any statement, and do not delete the post in a hurry without advice. Courts look at the whole speech, its context, the speaker's intent and its likely effect on a reasonable person, not a few words taken out. Satire, academic debate and criticism of religious practices without malice have been protected. If the law is being misused to silence criticism, anticipatory bail and quashing of the FIR in the High Court are available.