How to report hate speech under BNS and IT Act

The WhatsApp forward that starts a fire

You are 19, and your college batch’s Discord server or a local Telegram group is suddenly flooded with a viral clip. It is a local leader or an influencer calling for a total economic boycott of a specific community, or perhaps using dehumanising slurs to describe a religious group. You want to report it, but you have seen the headlines: cases like the "goli maro" speeches or "corona jihad" broadcasts often end up dismissed by courts. It feels like the law only works for the loud, not the civil. But here is the reality: most cases fail because of poor documentation and a lack of understanding of the "Harm Test" established by the Supreme Court. If you know which buttons to push and which sections of the Bharatiya Nyaya Sanhita (BNS) to cite, you stop being a bystander and start being a safeguard for your community.

What the law actually says

In India, hate speech is not a single defined crime but a cluster of offences under the Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the IPC in July 2024. To make a report stick, you need to identify which specific line was crossed.

1. Promoting Enmity (Section 196 BNS)

This is the big one (formerly Section 153A IPC). It penalises anyone who promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., by words (spoken or written), signs, or visible representations. The key here is that the act must be "prejudicial to the maintenance of harmony."

2. Outraging Religious Feelings (Section 299 BNS)

Formerly Section 295A IPC, this covers deliberate and malicious acts intended to outrage religious feelings. The Supreme Court in Ramji Lal Modi v. State of UP (1957) clarified that this does not cover every insult, but only those calculated insults that carry a potential to disrupt public order.

3. Public Mischief (Section 353 BNS)

If someone circulates a report or rumour intended to create fear or alarm, or incites one community against another, they are liable under Section 353 (formerly Section 505 IPC). This is often the most effective section for reporting viral fake news that targets specific demographics.

4. The Supreme Court’s Stance

You might wonder why some high-profile cases get dismissed. In Amish Devgan v. Union of India (2020), the Supreme Court distinguished between "free speech" and "hate speech." The court held that hate speech is an effort to marginalise individuals based on their membership in a group, which reduces their quality of life. More importantly, in Shaheen Abdulla v. Union of India (2023), the Supreme Court directed all States and UTs to register suo motu (on their own motion) cases against hate speech, regardless of the religion of the speaker, calling it vital to preserve the "secular fabric" of India. If a police officer refuses to register your FIR, they are technically in contempt of these Supreme Court directions.

For digital hate speech, the Information Technology Act, 2000 also comes into play. While Section 66A was struck down, Section 69A allows the government to issue blocking orders for content that threatens public order.

Step-by-step playbook to report hate speech

Reporting hate speech requires a mix of digital forensic-saving and formal legal filing. Do not just report the post on Instagram and move on; that rarely leads to legal accountability.

Step 1: Capture and Archive Evidence

Before the uploader deletes the post or the platform takes it down, you must create a permanent record.

• Screenshots are not enough: Take a screen recording of you navigating to the profile, clicking on the post, and showing the comments and timestamps.
• Save the URL: Copy the direct link to the post or video.
• Metadata: If it is a WhatsApp forward, long-press the message and check 'Info' to see if you can find the original sender's details (though encryption often masks this, the surrounding context helps).
• Archive it: Use tools like the Wayback Machine or archive.ph to create a timestamped snapshot of the webpage. This prevents the "it was photoshopped" defence.

Step 2: File a Cybercrime Complaint

If the hate speech is online, your first stop is the Cyber Crime reporting portal.

• Go to cybercrime.gov.in.
• Select 'Report Women/Child Related Crime' if applicable, or 'Report Other Cyber Crime'.
• Upload your screen recordings and screenshots.
• What to write: Be clinical. Instead of saying "This is disgusting," write: "The accused in the attached video is using slurs against [Community X] and calling for [Action Y], which is a clear violation of Section 196 and Section 353 of the BNS, 2023. This content is rapidly gaining traction and poses an immediate threat to public order in [Your City/Area]."

Step 3: Visit the Police Station for an FIR

For local incidents or viral content with high impact, a physical FIR is more powerful.

• Go to your nearest police station. Under Section 173 of the BNSS (formerly Section 154 CrPC), the police are duty-bound to register an FIR if the information discloses a cognizable offence.
• If the incident happened elsewhere, you can file a Zero FIR. The police cannot turn you away saying "this is not our jurisdiction."
• Reference the Law: Mention the Lalita Kumari v. Govt. of UP (2014) judgment, which makes it mandatory for police to register an FIR if a cognizable offence (like Section 196 BNS) is made out. How to file an FIR (and what to do if police refuse).

Step 4: Escalation if the Police Refuse

If the Station House Officer (SHO) refuses to entertain your complaint:

• Section 173(4) BNSS: Send your complaint in writing via Registered Post to the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP). If they are satisfied that a crime is disclosed, they will either investigate it themselves or direct an officer to do so.
• Magistrate Route: If the SP also fails to act, you can approach the local Magistrate under Section 175 of the BNSS (formerly Section 156(3) CrPC) to seek a direction for the police to investigate.

Step 5: Track with RTI

After 15 days of filing your complaint, if there is no update, use the RTI Act to demand the status.

• Ask: "What is the daily progress report on my complaint dated [Date]?" and "Provide the names and designations of the officers who were supposed to take action on this complaint."
• File an RTI online to keep the pressure on the investigating officer.

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Where it usually breaks

Even with a perfect screen recording and a copy of the BNS, the system has built-in friction points designed to exhaust you. Here is how to navigate the most common dead ends:

1. The "Sanction to Prosecute" Trap (Section 223 BNSS): This is the biggest hurdle. For crimes like promoting enmity (Section 196 BNS), the police cannot technically start a trial in court without "prior sanction" from the State Government or the Central Government.

   • The Failure: The police register the FIR to satisfy you but then let the file gather dust, claiming they are "waiting for government permission."
   • The Workaround: Use the Right to Information (RTI) Act. Every three months, file an RTI with the State Home Department asking for the status of the sanction request for your specific FIR number. Sunlight is the best disinfectant.

2. The "It’s Just an Opinion" Gaslighting: An officer might tell you, "Beta, it’s just a video, ignore it." They are banking on you not knowing the "Harm Test."

   • The Failure: The police refuse to file an FIR, claiming no "cognizable offence" (a crime where they can arrest without a warrant) has occurred.
   • The Workaround: Cite Lalita Kumari v. Govt. of U.P. (2014). The Supreme Court ruled that if a complaint discloses a cognizable offence, the police must register an FIR. If they still refuse, send your complaint via Registered Post to the Superintendent of Police (SP) under Section 173(4) of the BNSS.

3. The "Jurisdiction" Loop: If you report a video made in Mumbai while you are in Delhi, the local police might try to send you away.

   • The Failure: "This didn't happen in our area; go to the other station."
   • The Workaround: Demand a Zero FIR. Under Indian law, any police station can register an FIR for a crime regardless of where it happened. They must then transfer it to the relevant station.

4. The Platform Dead-end: Reporting to Instagram or X (formerly Twitter) often results in an automated "This does not violate our standards" message.

   • The Failure: The content stays up and continues to go viral while the legal process crawls.
   • The Workaround: Under the IT Rules, 2021, every social media giant must have a Grievance Officer based in India. Do not just click 'Report'; send a formal email to their specific Grievance Officer (found in their 'Legal' or 'Contact' section) citing the BNS sections. They are legally required to acknowledge your complaint within 24 hours.

Templates / script

A. The Written Complaint (to be handed at the Police Station/Cyber Cell)

Copy-paste this, fill the brackets, and take two printouts. Get one stamped as your 'Received' copy.

To, The SHO/In-charge, [Name of Police Station/Cyber Cell], [City, State].

Subject: Complaint regarding commission of offences under Sections 196, 299, and 353 of the Bharatiya Nyaya Sanhita (BNS), 2023.

Respected Sir/Ma'am,

I am writing to report a [video/post/audio clip] circulated on [Platform Name, e.g., WhatsApp/Instagram] by [User Handle/Name/Phone Number] on [Date and Time].

The content in question explicitly [describe the speech: e.g., calls for the economic boycott of X community / uses dehumanising slurs against Y religion]. This act:

1. Promotes enmity between different groups on grounds of religion/race (Section 196 BNS).
2. Is a deliberate and malicious act intended to outrage religious feelings (Section 299 BNS).
3. Circulates reports/rumours intended to create public mischief and incite communities (Section 353 BNS).

As per the Supreme Court’s directions in Shaheen Abdulla v. Union of India (2023), police authorities are mandated to take suo motu action against hate speech to preserve the secular fabric of the country.

I have attached the digital evidence (screenshots and a link to the cloud folder containing the screen recording). I request you to register an FIR immediately as per the mandate of Lalita Kumari v. Govt. of U.P. (2014).

Sincerely, [Your Name] [Your Phone Number] [Your Address]

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B. RTI Template (to track progress after 30 days)

To, Public Information Officer (PIO), Office of the Commissioner of Police, [City].

Subject: Application under Section 6(1) of the RTI Act, 2005.

Regarding FIR No: [Your FIR Number] registered at [Police Station Name] on [Date].

Please provide the following information:

1. The daily progress report of the investigation conducted in the aforementioned FIR till date.
2. Has the police filed a request for "Sanction to Prosecute" under Section 223 of the BNSS with the State/Central Government?
3. If yes, please provide the diary number and date of the letter sent to the Home Department.
4. If no, please provide the reasons recorded in the case diary for not seeking such sanction.

I have attached the ₹10 fee in the form of a [Postal Order/Online Receipt].

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FAQs

1. Can I report hate speech anonymously? You can report anonymously through the National Cyber Crime Reporting Portal (cybercrime.gov.in). However, for a full-scale BNS FIR that leads to a trial, the police usually require a complainant's statement. If you fear for your safety, mention this in your complaint and ask for protection under the Witness Protection Scheme, 2018.

2. What if the person who spoke is a powerful politician? The law remains the same. In fact, the Supreme Court in Shaheen Abdulla (2023) specifically noted that the "stature of the speaker" should not stop the police from acting. If the local SHO is scared to act, your best bet is to file a "Private Complaint" before a Magistrate under Section 223 of the BNSS.

3. Is it hate speech if I share the video to show how bad it is? Context matters. If you share it with a caption like "Look at this disgusting hate speech, we need to stop this," you lack the mens rea (criminal intent) to promote enmity. However, avoid "hate-quoting" where you repeat the slur in your own caption, as that can sometimes trigger automated filters or be misinterpreted by the law.

4. How much does it cost to file these reports? Filing an FIR is free. Filing a complaint on the Cyber Cell portal is free. An RTI costs ₹10 (plus photocopy charges). You do not need a lawyer to file a complaint or an FIR, though having one helps if the case goes to the High Court.

5. What is the timeline for action? Under the IT Rules, platforms must remove "public order" threats within 24–72 hours of a government order. For the police, an investigation should ideally be completed within 60–90 days, but because of the "Sanction to Prosecute" requirement, hate speech trials can take years. Your goal is often to get the content down and the person's digital footprint flagged.

6. Can I be sued for defamation for reporting someone? No, as long as you are reporting in "good faith" to a lawful authority. Section 356 of the BNS (Defamation) has an exception for accusations made in good faith to persons having lawful authority over the person complained against.

7. Does the law cover hate speech against LGBTQ+ individuals? While Section 196 BNS specifically lists "religion, race, caste, community, sex, place of birth, residence, language," the term "community" and "sex" are being increasingly interpreted by High Courts to include gender identity and sexual orientation. Even if Section 196 is contested, Section 353 (Public Mischief) can still apply.