How to report hate speech and use BNS to stop communal tension

The Hook

You have likely seen the photo: a man with a tattered beard, a red headband, and a rod in his hand, screaming amidst the smoke of the 2002 Gujarat riots. That was Ashok Mochi. For years, he was the face of communal violence. But if you look at him today, the story has changed. In 2014, he famously met Qutubuddin Ansari—the man pictured pleading for his life in that same riot—to seek forgiveness and promote peace. Mochi now speaks against the very hate that once consumed him. His journey from a “poster boy” of violence to an advocate for harmony shows that while hate is easy to spark, the cost of dousing it takes decades. You don't have to wait for a riot to act. When you see a WhatsApp forward or a speech designed to set your neighbourhood on fire, you have the legal tools to stop the spark before it becomes a blaze.

What the law actually says

As of July 1, 2024, the legal landscape for handling communal tension has shifted from the old Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS), 2023. The rules are specific about what constitutes a crime against public tranquillity.

1. Promoting Enmity (Section 196 BNS)

Section 196 of the BNS (formerly Section 153A IPC) is the primary tool against hate speech. It penalises anyone who promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, or community. If someone does something “prejudicial to the maintenance of harmony” through words (spoken or written), signs, or visible representations, they can face up to 3 years of imprisonment. If this happens in a place of worship, the penalty jumps to 5 years.

2. Assertions Prejudicial to National Integration (Section 197 BNS)

This section (formerly 153B IPC) targets speech or actions that claim a particular religious, racial, language, or regional group cannot bear true allegiance to the Constitution or should be deprived of their rights as citizens. It is specifically designed to stop narratives that “other” certain communities.

3. Malicious Acts to Outrage Religious Feelings (Section 299 BNS)

Section 299 (formerly 295A IPC) deals with deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs. This is often cited when social media posts go viral with the intent to cause a riot.

4. The Duty of the Police (Section 173 BNSS)

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs how these crimes are reported. Under Section 173 (formerly Section 154 CrPC), a police officer is mandated to register an FIR for cognisable offences. Furthermore, the Supreme Court in Shaheen Abdulla v. Union of India (2022) directed all States and Union Territories to register cases against hate speech suo motu (on their own motion) even if no formal complaint is lodged. Failure to do so is considered contempt of court.

If you encounter online hate, you should also refer to how to report online harassment and cybercrime.

Step-by-step playbook

Reporting hate speech isn't about being a “snitch”; it is about preventing the kind of escalation that Ashok Mochi spent 20 years trying to undo. Here is how you do it legally and safely.

Step 1: Document the Evidence Immediately

Hate speech on social media is often deleted once it gains traction or legal heat.

• For Online Content: Take high-resolution screenshots. Ensure the timestamp, the username/handle, and the platform (X, Instagram, Facebook) are visible. Copy the direct URL to the post or profile.
• For Offline Speech: If you are at a public gathering, record a video or audio clip if it is safe to do so. If not, write down the exact words used, the time, the location, and the names of any witnesses.
• For WhatsApp: Do not just screenshot the message. Export the chat (without media is fine for text) to preserve the metadata of the sender’s phone number.

Step 2: Categorise the Offence

Before heading to the station, identify which section of the BNS applies. This helps you speak the language of the police.

• Is it promoting hatred between two groups? (Section 196).
• Is it questioning someone's citizenship based on their religion? (Section 197).
• Is it a deliberate insult to a religion? (Section 299).

Step 3: File a Complaint via the Cybercrime Portal

If the hate speech is online, the most effective first step is the National Cyber Crime Reporting Portal.

• Visit cybercrime.gov.in.
• Select “Report Other Cyber Crime”.
• Upload your screenshots and URLs.
• Expected Timeline: You should receive an acknowledgement number via SMS/Email within 24 hours. A police officer from your local cyber cell will typically call you within 3–7 days for a statement.

Step 4: File a Physical FIR at the Police Station

For immediate local threats or ground-level hate speech, go to the nearest Police Station.

• What to bring: Two copies of a written complaint addressed to the SHO (Station House Officer), a printed copy of the evidence, and your ID proof (Aadhaar/Voter ID).
• The Process: Hand over the complaint. Under Section 173 of the BNSS, the officer must read the complaint back to you and give you a free copy of the FIR.
• If they refuse: Remind them of the Supreme Court's directions in Lalita Kumari v. Govt. of UP (2014) and Shaheen Abdulla v. Union of India (2022). If they still refuse, you can send the complaint via Registered Post to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) under Section 173(4) of the BNSS.

For more details on this process, see our guide on how to file an FIR and what to do if police refuse.

Step 5: Engage Local Peace Committees

Most districts in India have “Mohalla Committees” or “Peace Committees” consisting of local elders, religious leaders, and police officers.

• Find out who your local beat constable is (their number is usually on a board outside the station).
• Inform them about the rising tension. This is a “preventative” action.
• The police can then issue warnings under Section 168 of the BNSS to prevent a cognisable offence from happening.

Step 6: Managing the Mental Toll

Dealing with communal hate can be draining and scary. If you are feeling overwhelmed by the toxicity of the content you are reporting, do not hesitate to reach out for support. Check our list of mental health helplines like iCall and NIMHANS for a safe space to talk.

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Where it usually breaks

Reporting communal hate isn’t always a smooth "click-and-done" process. You will likely hit some walls. Here is how to scale them:

1. The "It’s just a joke/opinion" brush-off When you go to a police station, the Duty Officer might tell you, "Beta, ignore karo, internet pe toh sab chalta hai" (Child, ignore it, everything goes on the internet). They might claim it doesn't meet the threshold of a crime.

• The Workaround: Remind them of the Supreme Court's directions in Shaheen Abdulla v. Union of India (2022). The Court has mandated that police must register cases against hate speech suo motu (on their own) without waiting for a formal complaint. If they refuse, mention Section 173(4) of the BNSS, which allows you to send your complaint to the Superintendent of Police (SP) via post.

2. The "Digital Evidence" trap Police often reject screenshots, saying they could be morphed. Under the new Bharatiya Sakshya Adhiniyam (BSA), 2023, digital records are primary evidence, but they require a specific certificate.

• The Workaround: When you submit screenshots or videos, you must provide a declaration under Section 63 of the BSA (which replaced the old Section 65B of the Evidence Act). This is a simple self-signed paper stating that the device used to capture the evidence was under your control and hasn't been tampered with. Without this, your evidence might not stand in court.

3. The "Jurisdiction" excuse If the hate speech happened in a different city or on a server located elsewhere, the local police might try to send you away.

• The Workaround: Insist on a Zero FIR. Under Section 173 of the BNSS, a police station is required to record information regarding a cognisable offence regardless of where it took place. They can later transfer it to the relevant station.

4. Portal Fatigue The National Cyber Crime Reporting Portal (cybercrime.gov.in) is great, but it can be slow. Sometimes your complaint stays "Pending" for months.

• The Workaround: Use the RTI Act, 2005. After 30 days of filing a complaint, file an RTI under Section 6(1) with the relevant Police Commissionerate asking for the "Daily Progress Report" on your complaint. This usually forces the file to move.

Templates / script

A. The "Solid" Written Complaint (to be submitted at the Police Station)

To, The SHO, [Name of Police Station], [City, State]

Subject: Complaint regarding promotion of enmity and malicious acts under BNS Sections 196 and 299.

Respected Sir/Ma'am,

I, [Your Name], resident of [Your Address], wish to report a cognisable offence. On [Date] at [Time], I observed [Name of Accused/Social Media Handle] making the following statements: "[Exact quote of the hate speech]".

This content was shared via [WhatsApp/X/Public Gathering at Location]. These statements are clearly intended to promote enmity between [mention communities] on the grounds of religion/caste and are prejudicial to the maintenance of harmony in our locality.

This constitutes an offence under Section 196 (Promoting enmity) and Section 299 (Malicious acts to outrage religious feelings) of the Bharatiya Nyaya Sanhita (BNS), 2023.

I have attached the digital evidence (screenshots/links) along with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023. I request you to register an FIR immediately as per the mandate of the Hon'ble Supreme Court in Lalita Kumari v. Govt. of UP (2014) and Shaheen Abdulla v. Union of India (2022).

Signed, [Your Name] [Your Phone Number]

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B. Script for talking to a Duty Officer

You: "Sir, I want to report a case of hate speech that is creating tension in my colony/online." Officer: "It’s a small matter, we will talk to them. No need for an FIR." You: "Sir, this falls under Section 196 of the BNS. As per the Supreme Court’s order in the Shaheen Abdulla case, police are required to take action on hate speech immediately to prevent communal disharmony. If an FIR isn't possible right now, please give me a 'General Diary' (GD) entry number as an acknowledgement of my complaint."

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C. RTI for Status Update (If no action is taken)

To: Public Information Officer (PIO), [Office of the DCP/SP] Subject: Request for information under Section 6(1) of the RTI Act, 2005.

1. Provide the current status of my complaint dated [Date] filed against [Accused Name/Handle] (Ref No: [If any]).
2. Provide a certified copy of the Daily Progress Report (DPR) showing action taken by the Investigating Officer on this complaint.
3. If no FIR has been registered, provide the names and designations of the officers who decided not to act on the Supreme Court's suo motu directions regarding hate speech.

FAQs

1. Can I report hate speech anonymously? Yes. On the National Cyber Crime Reporting Portal, you can choose the "Report Anonymous" option for content related to communal violence or terrorism. However, if you want the police to follow up with you specifically, providing your details is better.

2. Is "offensive" speech the same as "hate" speech? No. Being "offensive" or "rude" is generally protected under free speech. For it to be a crime under Section 196 BNS, it must specifically promote "enmity, hatred or ill-will" between different groups. If it’s just a bad take or an insult to an individual, it might not qualify as communal hate speech.

3. What if the person who posted it is a powerful politician? The law remains the same. In fact, the Supreme Court in Shaheen Abdulla (2022) specifically directed that action must be taken against hate speech "irrespective of the religion [or political affiliation] of the maker of the speech."

4. How much does it cost to file these complaints? Filing an FIR or a police complaint is free. If you file an RTI to track the status, the application fee is usually ₹10 (check your state-specific RTI rules for the exact mode of payment, like an IPO or court fee stamp).

5. What is a "Section 63 BSA Certificate"? It’s just a signed declaration. You write: "I, [Name], declare that the attached printout/image was generated from my [Phone Model/Laptop]. The device was operating properly, and the data was not altered." This makes your screenshots legally "valid" in the eyes of the new Indian evidence laws.

6. Can I be arrested for reporting someone? No. As long as your report is made in good faith and isn't a "false complaint" intended to harass someone, you are protected. If you feel unsafe, you can request the police to keep your identity confidential under the witness protection guidelines often cited by various High Courts.