How to report hate crimes and regional discrimination in Haryana

Hook

You are scrolling through a local Gurugram or Faridabad subreddit and see a post about a delivery partner or a construction worker being harassed. Maybe you witnessed it yourself at a dhaba—someone being mocked, threatened, or physically assaulted just for being a "Bihari" or a "migrant." When regional bias turns into violence, it is not just a social media debate; it is a serious criminal offence under India’s new laws. Whether it is a targeted attack or a case of mob violence, you have the power to ensure it doesn’t get buried. Here is how you can take action when someone is targeted for their place of birth or language in Haryana.

What the law actually says

Discrimination based on where you come from is a violation of the fundamental structure of the Indian Constitution. Under Article 15, the State cannot discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth. Furthermore, Article 19(1)(d) and (e) guarantee every citizen the right to move freely and reside in any part of India.

Since July 1, 2024, the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) govern how these crimes are punished and reported. If a person is killed or attacked because of their regional identity, the following sections apply:

1. Section 103(2) of the BNS (Mob Lynching/Hate Murder): This is a critical new provision. It states that when a group of five or more people acts in concert to commit murder on the ground of race, caste, community, sex, place of birth, language, personal belief, or any other similar ground, each member shall be punished with death or imprisonment for life, and shall also be liable to a fine.
2. Section 196 of the BNS: This punishes anyone who promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and does acts prejudicial to maintenance of harmony. The punishment can extend to 3 years of imprisonment.
3. Section 197 of the BNS: This covers imputations or assertions that are prejudicial to national integration, such as claiming that people from a certain state cannot be "citizens" or should be denied their rights.
4. Section 352 of the BNS: Punishes intentional insult with intent to provoke a breach of peace.

Procedurally, Section 173 of the BNSS (which replaced Section 154 of the CrPC) mandates that the police must register an FIR for cognizable offences. If the crime happens in Haryana but you are elsewhere, you can file a Zero FIR under Section 173(1), and the police are legally bound to record it and transfer it to the relevant station. For more details on this process, see our guide on How to file an FIR (and what to do if police refuse).

Step-by-step playbook

1. Secure evidence without risking your life

If you witness a hate crime or regional harassment, do not put yourself in physical danger. If it is safe to do so:

• Record Video/Audio: Capture the slurs used. In hate crime cases, the "motive" (e.g., targeting someone for being from Bihar) is vital for Section 103(2) or Section 196 BNS.
• Note Vehicle Numbers: If the attackers are on bikes or in cars, note the Haryana registration numbers (e.g., HR 26, HR 51).
• Identify Witnesses: Ask nearby shopkeepers or bystanders for their contact numbers. In many Haryana industrial hubs, CCTV is common; note the locations of cameras nearby.

2. File an Online Complaint via Harsamay

Before going to the station, or if you are afraid to go in person, use the Haryana Police’s official citizen portal.

• Portal: Visit the Harsamay Portal.
• Action: Register as a user and select "Complaint Registration."
• Details: Clearly state that the victim was targeted specifically because of their regional identity (e.g., "The accused used regional slurs and stated that people from Bihar have no right to work here"). This ensures the police look at Section 196 or 103(2) BNS rather than just simple assault.
• Timeline: You should receive an acknowledgment number immediately. A police officer is typically assigned within 24–48 hours.

3. Filing the FIR at the Police Station

If the crime is serious (physical violence or threats), go to the nearest Police Station (Thana).

• What to bring: Your Aadhaar card, the evidence (on a pen drive or phone), and a written complaint in duplicate.
• The Draft: Explicitly mention the words used by the attackers. If there were more than 5 attackers, insist on mentioning "Section 103(2) BNS" for group violence.
• Zero FIR: If the incident happened in a different district (e.g., you saw it in Manesar but are now in Rohtak), the Rohtak police must file a Zero FIR. They cannot tell you to "go to the other station."
• Cost: Filing an FIR is free. Never pay a fee.

4. Escalate if the Police Refuse

In cases of regional discrimination, local police may sometimes be dismissive. If they refuse to register the FIR:

• Step A: Send your complaint via Registered Post to the Superintendent of Police (SP) or Commissioner of Police (CP) of the district (e.g., CP Gurugram or SP Sonipat) under Section 173(4) of the BNSS.
• Step B: If there is still no action, you can approach the Judicial Magistrate under Section 175(3) of the BNSS to seek a direction for investigation.
• Step C: File a complaint with the National Human Rights Commission (NHRC) online, as discrimination based on place of birth is a human rights violation.

5. Seek Legal Aid and Support

If the victim is a migrant worker who cannot afford a lawyer, they are entitled to free legal services.

• Action: Contact the Haryana State Legal Services Authority (HALSA). They have offices in every district court in Haryana.
• Contact: You can call the national legal aid helpline at 15100.

For broader transparency on how local authorities handle such cases, you can File an RTI online to ask about the status of hate crime investigations in a specific district. If the harassment has moved online, follow our guide on the Cyber Crime reporting portal.

Browse all civic-action guides

Where it usually breaks

In Haryana, reporting regional discrimination often hits a wall before you even finish your sentence at the thana. Here is where the system typically stalls and how you can push through:

1. The "Sadharan Jhagda" (Simple Scuffle) Trap: Police often try to register hate crimes as simple brawls under Section 115 (Voluntarily causing hurt) of the BNS to keep their "communal harmony" statistics looking good. They might ignore the regional slurs used.

   • Workaround: Insist that the "common object" of the group was targeting the victim's place of birth. Use the specific words "Prantiya Vidvesh" (provincial hatred) or "Kshetravad" (regionalism). Quote Section 196 of the BNS—it specifically covers promoting enmity based on place of birth.

2. Pressure to "Compromise": You might be told to "settle" the matter with a handshake or a small payment, often mediated by local influential figures or a Panchayat.

   • Workaround: Remember that offences under Section 103(2) (Mob Lynching) and Section 196 are non-compoundable. This means legally, the police cannot just close the case because of a private settlement. If pressured, tell the officer you will record the interaction and send it to the Haryana Police Complaint Authority (HPCA).

3. The "Jurisdiction" Excuse: If you report a crime in Gurugram that happened in Faridabad, the SHO might try to send you away.

   • Workaround: Cite Section 173(1) of the BNSS. This law mandates the registration of a Zero FIR regardless of where the crime took place. They must record it and transfer it themselves.

4. Harsamay Portal Glitches: The Haryana Police portal (harsamay.haryanapolice.gov.in) sometimes fails to generate an OTP or hangs during document upload.

   • Workaround: If the portal fails, send your complaint via Registered Post with Acknowledgement Due (AD) to the Superintendent of Police (SP) of that district. Under Section 173(4) of the BNSS, the SP is then obligated to either investigate it or direct an officer to do so.

Templates / script

Script for calling 112 (Haryana Emergency)

"Hello, I am calling from [Location, e.g., Sector 29, Gurugram]. I am witnessing a violent attack/harassment. A group of [Number] people is targeting a person specifically because they are from [State, e.g., Bihar/UP]. They are using regional slurs and threatening their life. The situation is escalating. Please send a PCR van immediately. My name is [Your Name] and my location is [Landmark]."

Template: Formal Complaint to the SHO

To, The Station House Officer, [Name of Police Station], [District], Haryana.

Subject: Complaint regarding regional discrimination, criminal intimidation, and promoting enmity under BNS.

Respected Sir/Madam,

I am writing to report an incident that occurred on [Date] at approximately [Time] at [Specific Location].

The victim, [Name/Description], was approached by [Name of Accused, if known, or 'a group of X people']. The accused began shouting slurs related to the victim’s regional identity, specifically calling them [Quote exact slurs used].

The accused stated that 'people from [Victim's State] have no right to be here' and subsequently [describe the violence or threat]. This act was clearly intended to promote enmity and cause fear based on the victim's place of birth.

I request you to register an FIR under Section 196 (Promoting enmity between groups) and Section 352 (Intentional insult to provoke breach of peace) of the Bharatiya Nyaya Sanhita (BNS), and Section 103(2) if applicable.

I have attached [Video evidence/Witness contact details] with this complaint. Please provide me with a free copy of the FIR as per Section 173(2) of the BNSS.

Sincerely, [Your Name & Phone Number] [Your Aadhaar Number - Optional]

FAQs

1. Can I report a hate crime if I am just a witness and not the victim? Yes. Under Section 173 of the BNSS, any person who has knowledge of a cognizable offence (like mob violence or promoting enmity) can give information to the police. You do not need the victim's permission to report a crime that threatens public order.

2. What if the police refuse to mention the "Bihari" or regional angle in the FIR? If the SHO omits the "motive" (the regional slurs), do not sign the statement. Under Section 173(4) of the BNSS, you can send the full version of your complaint directly to the Superintendent of Police (SP) via registered post. The SP has the power to ensure the correct sections are applied.

3. Is there a fee for filing this complaint or getting an FIR copy? No. Filing a criminal complaint and receiving the first copy of the FIR is absolutely free. If any officer asks for a "processing fee" or "convenience fee," they are committing an offence under the Prevention of Corruption Act. You can report this to the Haryana Vigilance Bureau at 1064.

4. I am a student and afraid of being harassed by the accused if I report. What can I do? You can submit an anonymous tip via the Haryana Police "Citizen Tip" feature on the Harsamay portal, though an FIR usually requires a complainant. However, the Supreme Court in the Lalita Kumari (2014) judgment and subsequent witness protection guidelines emphasizes that the police must protect the identity of whistleblowers in sensitive cases.

5. How long should it take for the police to act after I file a complaint? For cognizable offences, the FIR must be registered immediately. If the police want to conduct a "preliminary inquiry" to check if a case exists, they must complete it within 14 days as per the BNSS guidelines for certain categories of crimes.

6. Does the law protect migrants from other states specifically? The law protects all citizens. Article 15 of the Constitution prohibits discrimination based on "place of birth." The BNS Section 196 specifically mentions "place of birth" and "language" as grounds that, if used to promote enmity, lead to criminal prosecution. It doesn't matter which state you are from; the protection is uniform.

7. What if the person was killed or seriously injured? If a group of five or more people commits murder on the ground of the victim's place of birth or language, it is treated as mob lynching under Section 103(2) of the BNS. This carries a minimum sentence of life imprisonment and a maximum of the death penalty. Ensure the police apply this specific sub-section and not just general murder (Section 103(1)).