Witnessed communal hate speech in Delhi? Learn how to use Section 196 of the BNS to report incitement and ensure police action without getting lost in legal jargon.
You are standing at the Rajiv Chowk metro station or scrolling through a Delhi-specific subreddit, and you see it: someone is shouting vitriol against a specific community, or a viral video is doing the rounds calling for a boycott of certain shops based on religion. It feels heavy, dangerous, and deeply communal. You want to do something, but you are worried about the 'system' or being targeted. In a city as politically charged as Delhi, 'ignoring it' often feels like a betrayal of your own backyard. You do not need to be a lawyer to take action. Whether it is a WhatsApp forward inciting violence or a physical assembly spreading hate, the law gives you specific tools to flag this before it turns into a headline. Here is how you can use the Bharatiya Nyaya Sanhita (BNS) to report communal hate speech and hold the provocateurs accountable.
As of July 1, 2024, the old Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023. When you witness communal hate speech, you are looking at 'offences against public tranquillity.'
This is the most critical section for communal issues. It penalises anyone who promotes disharmony, hatred, or ill-will between different religious, racial, or linguistic groups. If someone uses words (spoken or written), signs, or visible representations to stir up trouble between communities, they can face up to 3 years of imprisonment. If this happens in a place of worship, the penalty jumps to 5 years. This is a cognizable offence, meaning the Delhi Police can arrest the accused without a warrant and must start an investigation once an FIR is filed.
If the speech involves making claims that a certain community cannot be 'true citizens' or should be deprived of their rights, it falls under Section 197. It deals with imputations and assertions prejudicial to national integration.
Formerly Section 295A of the IPC, this section targets 'deliberate and malicious acts' intended to outrage the religious feelings of any class by insulting its religion or religious beliefs.
This covers the circulation of reports or rumours that are likely to incite one community against another. If you see a 'fake news' pamphlet in a Delhi colony intended to cause a riot, this is the section to cite.
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the CrPC. Section 173 of the BNSS mandates that every piece of information relating to the commission of a cognizable offence must be recorded by the police. In the landmark case of Lalita Kumari vs. Govt. of UP (2014), the Supreme Court ruled that registration of an FIR is mandatory under Section 154 of the CrPC (now Section 173 BNSS) if the information discloses a cognizable offence.
You can read the full text of these laws on Indiacode.
Before the 'Delete for Everyone' button is hit or the crowd disperses, you need proof.
cybercrime.gov.in and click on 'Report Women/Child Related Crime' or 'Report Other Cyber Crimes'.If the threat is physical or local, go to the nearest Thana.
This is a common failure point. If the SHO (Station House Officer) refuses to register your FIR:
For more on your rights when dealing with the police, see our guide on How to file an FIR (and what to do if police refuse). You can also Browse all civic-action guides for more Delhi-specific playbooks.
Reporting communal hate speech isn't always a smooth "click-and-fix" process. In Delhi, you will likely hit these three specific roadblocks. Here is how to navigate them:
When you go to a local thana (police station), the Duty Officer or SHO might tell you that the speech was just "someone’s view" or that filing an FIR will "unnecessarily heat up the atmosphere." They might try to convince you to file a Daily Diary (DD) entry instead of an FIR.
You might worry that by filing an FIR, the person spreading hate—who might be a local "strongman" or a political worker—will get your address.
Under the new Section 173(3) of the BNSS, for offences punishable with 3 to 7 years, the police can conduct a "preliminary inquiry" for up to 14 days before registering an FIR to see if a prima facie case exists.
Use this for a physical incident or a specific WhatsApp/Social Media post. Print two copies; get one stamped as your 'Receiving'.
To, The SHO, [Name of Police Station, e.g., Connaught Place], New Delhi - [Pin Code]
Subject: Complaint regarding commission of offences under Section 196 and 353 of the Bharatiya Nyaya Sanhita (BNS), 2023.
Respected Sir/Madam,
I am writing to report an incident of communal hate speech that occurred on [Date] at [Time] at [Specific Location/Online Platform].
Details of the incident: [Describe what you saw/heard. Example: A group of 5 men were sloganeering near the Metro exit, calling for the social boycott of (Community Name) and using derogatory language.] Evidence: [Mention: "I have attached screenshots/a pen drive with the video recording."]
This act is a clear attempt to promote enmity between different groups on the grounds of religion and is prejudicial to the maintenance of harmony in our city. As these are cognizable offences under Section 196 of the BNS, I request you to register an FIR immediately as per the mandate of the Hon’ble Supreme Court in Lalita Kumari vs. Govt. of UP (2014) and Section 173 of the BNSS.
Kindly provide me with a copy of the FIR free of cost.
Sincerely, [Your Name] [Your Phone Number] [Your Address]
Officer: "Beta, why do you want to get into this? It’s a small matter, they are just boys talking." You: "Sir, this 'talk' is inciting people and could lead to violence in our colony. Under Section 196 of the BNS, promoting enmity is a cognizable offence. I am just doing my duty as a citizen to report it. Please record my information under Section 173 of the BNSS." Officer: "We will look into it, no need for an FIR right now." You: "Sir, if you are conducting a preliminary inquiry under Section 173(3) of the BNSS, please give me the DD entry number for my records so I know when the 14-day period ends."
No. Under Section 173 of the BNSS, you are entitled to a copy of the FIR free of cost. If any officer asks for money, it is illegal. You can report this to the Delhi Police Vigilance helpline at 1064.
Yes. You can file an 'E-FIR' or a complaint at any Cyber Cell in Delhi. Under the principle of 'Zero FIR' (now formalised in BNSS), the police must record the information and then transfer it to the relevant police station where the crime originated.
The law (Section 196 BNS) applies equally to everyone. However, the police often hesitate in these cases. If the SHO refuses to act, do not waste time—escalate the matter directly to the DCP of the district or file a private complaint before the Magistrate at the nearest District Court (like Tis Hazari or Saket).
As long as you are reporting in "good faith"—meaning you actually saw/heard the speech and aren't making it up to settle a personal score—you are protected. Reporting a crime is a civic duty, not a crime itself.
Once an FIR is registered, the investigation timeline varies. However, if they choose to do a 'preliminary inquiry' before filing the FIR, they must finish it within 14 days as per Section 173(3) of the BNSS.
While the term "Hate Speech" isn't a single defined heading, Section 196 BNS specifically covers "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc." which is the legal equivalent of communal hate speech.
Yes. This falls under Section 196 (visible representations) and Section 353 (public mischief) of the BNS. Take a photo of the poster, note the location, and report it to the local SHO or via the 'Delhi Police One' app.
No. Under Section 173 of the BNSS, you are entitled to a copy of the FIR free of cost. If any officer asks for money, it is illegal. You can report this to the Delhi Police Vigilance helpline at 1064.
Yes. You can file an 'E-FIR' or a complaint at any Cyber Cell in Delhi. Under the principle of 'Zero FIR' (now formalised in BNSS), the police must record the information and then transfer it to the relevant police station where the crime originated.
The law (Section 196 BNS) applies equally to everyone. However, the police often hesitate in these cases. If the SHO refuses to act, do not waste time—escalate the matter directly to the DCP of the district or file a private complaint before the Magistrate at the nearest District Court (like Tis Hazari or Saket).
As long as you are reporting in "good faith"—meaning you actually saw/heard the speech and aren't making it up to settle a personal score—you are protected. Reporting a crime is a civic duty, not a crime itself.
Once an FIR is registered, the investigation timeline varies. However, if they choose to do a 'preliminary inquiry' before filing the FIR, they must finish it within 14 days as per Section 173(3) of the BNSS.
While the term "Hate Speech" isn't a single defined heading, Section 196 BNS specifically covers "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc." which is the legal equivalent of communal hate speech.
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