Ever wondered why FIRs against politicians for hate speech often go nowhere? Learn about 'Sanction' laws and the playbook to hold leaders accountable.
You are scrolling through your feed and see a clip from a 2020 election rally. A politician is leading a chant that feels like a direct threat to a specific community. You think, "This is illegal, right?" So did CPM leader Brinda Karat. She went to court to get an FIR registered against two MPs for their speeches during the Delhi riots era. But in 2024, the Supreme Court upheld a lower court's refusal to act. The reason? A legal gatekeeper called "Sanction." If you have ever wondered why some people seem "above the law" when they speak, it is usually because of this specific procedural hurdle.
In India, "Hate Speech" isn't a single defined term in our law books, but it is punished under several sections of the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced the IPC on July 1, 2024).
Normally, under the landmark Lalita Kumari vs. Govt. of U.P. (2014) judgment by the Supreme Court, the police are required to register an FIR if a complaint discloses a "cognizable offence." You can read more about How to file an FIR (and what to do if police refuse).
However, there is a massive exception. Under Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 196 of the CrPC), no court can "take cognizance" of offences like BNS Section 196 or 299 unless the Central or State Government gives its formal "Sanction" (permission).
In the Brinda Karat & Anr vs. State of NCT of Delhi case, the Delhi High Court (2022) and subsequently the Supreme Court (2024) ruled that even a Magistrate cannot order the police to register an FIR under Section 175 of the BNSS (formerly 156(3) CrPC) for these specific crimes without that government permission. The logic? The law wants to protect public servants and politicians from "frivolous" or "politically motivated" cases. The downside? It makes it incredibly hard for a regular citizen to hold a powerful person accountable for inflammatory speech.
Before you even think about the police station, you need proof. Hate speech on social media or at rallies often gets deleted or edited once a controversy starts.
You do not need to be a lawyer, but your complaint will be taken more seriously if you name the specific sections:
Go to the local police station where the speech occurred or where you viewed it (this is called a Zero FIR).
Since the courts will not act without "Sanction" for BNS 196 or 299, you have to ask the government for it yourself if the police are sitting on the case.
If you do not hear back within 30 days, use the RTI Act to keep the pressure on.
If the police still do not file an FIR and you have proof that the government is ignoring your request, you can file an application before the Metropolitan Magistrate.
The biggest roadblock isn't the law—it’s the "Sanction Wall." Even if you have a 4K video of a politician calling for violence, the police will likely cite Section 218 of the BNSS (formerly Section 196 CrPC). They will tell you they cannot proceed without "Prior Sanction" from the State or Central Government. Since the government is often run by the same party as the politician you are reporting, this sanction is rarely granted.
Failure Mode 1: The "Non-Cognizable" Brush-off The officer might claim the speech doesn't "incite" enough to be a cognizable offence and will only record a Non-Cognizable Report (NCR).
Failure Mode 2: The Evidence Certificate Under the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which replaced the Evidence Act), any social media clip you provide is "electronic evidence." Police often reject these by saying they aren't "authenticated."
Failure Mode 3: The "Wait for Elections" Excuse If you report a politician during a rally, police might tell you to "complain to the Election Commission (ECI) instead."
Copy, fill in the [highlighted] bits, and send.
Subject: Complaint under Sections 196 and 299 of the BNS, 2023 regarding Hate Speech.
To, The Station House Officer, [Name of Police Station], [City/District]
Sir/Madam, I am writing to report a cognizable offence committed by [Name of Politician/Speaker] on [Date] at [Location/Social Media Platform].
The accused stated: "[Insert exact quote or Hindi transcript]."
These words promote enmity between groups on the grounds of [Religion/Race/Caste] and are a deliberate attempt to outrage religious feelings, punishable under Section 196 and Section 299 of the Bharatiya Nyaya Sanhita (BNS), 2023.
As per the Supreme Court’s mandate in Lalita Kumari vs. Govt. of U.P. (2014) and Shaheen Abdulla vs. Union of India (2023), you are requested to register an FIR immediately. I have attached a pen drive containing the video evidence and a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023.
Regards, [Your Name & Phone Number] [Date]
Officer: "Yeh political mamla hai, hum bina permission (sanction) ke FIR nahi kar sakte." You: "Sir, sanction is required for the Court to take cognizance under Section 218 BNSS, but it does not stop the Police from registering an FIR and starting an investigation. The Supreme Court in the Shaheen Abdulla case said that any delay in filing hate speech cases will be treated as Contempt of Court. Please give me a receipt for my complaint."
Yes. You can file a **Zero FIR** at your local police station. Under the BNSS, the police are required to record the information and then transfer it to the relevant station where the speech actually took place. Don't let them tell you "it's out of our jurisdiction."
No. Section 218 of the BNSS specifically applies to offences like BNS 196 (promoting enmity) and 299 (outraging religious feelings). If the politician also used criminal intimidation (Section 351 BNS) or provoked a riot (Section 191 BNS), those often do not require the same level of government permission to start an investigation.
No. Filing a criminal complaint or an FIR is absolutely free. If anyone asks for a "process fee" or "documentation charge," they are asking for a bribe. You are also entitled to a free copy of the FIR once it is registered under **Section 173(2) of the BNSS**.
In addition to the police, you should report them via the **cVIGIL app** managed by the Election Commission of India. While the police handle the BNS crimes, the ECI can ban the politician from campaigning for 48–72 hours for violating the Model Code of Conduct.
Technically, an FIR requires a complainant’s name. However, you can report "Hate Content" anonymously on the [National Cyber Crime Reporting Portal](https://cybercrime.gov.in). For physical rallies, you can send a signed complaint via registered post to the Police Commissioner, which creates a paper trail without you having to stand in a police station.
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