How to report online harassment and hate speech under BNS and IT Act

The comment section warzone

You post a photo, a reel, or even just an opinion on a subreddit. Within minutes, the notifications start. It begins with "trolling" but quickly spirals into something darker: graphic threats, communal slurs, or comments intended to outrage your modesty. You might feel like the best move is to just delete the app or block the user. But when the digital noise turns into targeted harassment or hate speech, it is no longer just a "bad vibe"—it is a criminal offence. In India, the screen does not provide a legal shield for the person typing those words. Whether it is a stranger or someone you know, you have the right to hold them accountable without needing an expensive lawyer or years of legal training.

What the law actually says

Since July 1, 2024, the legal landscape for reporting crimes in India has shifted from the old Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS), 2023. When you are dealing with toxic, threatening, or illegal comments, several specific sections of the BNS and the Information Technology (IT) Act, 2000 come into play.

1. Insulting the modesty of a woman (Section 79, BNS)

If the comments use words, gestures, or exhibit objects intended to insult the modesty of a woman or intrude upon her privacy, it falls under Section 79 of the BNS (which replaced the old Section 509 of the IPC). This is a cognizable offence, meaning the police can investigate and make an arrest without a warrant in certain conditions. It carries a penalty of up to three years in prison and a fine.

2. Intentional insult and public mischief (Sections 352 & 353, BNS)

If someone is spamming comments to intentionally provoke you or break public peace, Section 352 of the BNS applies. More seriously, if the comments promote enmity between different groups on grounds of religion, race, or place of birth, Section 353 of the BNS (formerly IPC 153A/505) is the primary tool. This is what we commonly refer to as "hate speech."

3. Obscenity and sexually explicit content (Sections 67 & 67A, IT Act)

The Information Technology Act, 2000 remains the master statute for digital crimes.

• Section 67: Covers publishing or transmitting material which is lascivious or appeals to the prurient interest (obscenity) in electronic form.
• Section 67A: Deals specifically with material containing sexually explicit acts. This is crucial if someone is posting "deepfakes" or morphed images in your comments.

4. The Right to file an FIR (Section 173, BNSS)

Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police are mandated to register an FIR for cognizable offences. If you are reporting online harassment that qualifies as a cognizable offence (like Section 79 BNS), they cannot simply turn you away. Furthermore, the Supreme Court in Lalita Kumari v. Govt. of U.P. (2014) ruled that registration of an FIR is mandatory if the information discloses the commission of a cognizable offence.

Step-by-step playbook to report online abuse

Do not delete the comments immediately. While your instinct is to clean up your profile, you need to preserve the digital paper trail first.

Step 1: Secure the evidence

Before the harasser deletes their comment or deactivates their account, you must document everything.

• Screenshots: Capture the comment, the harasser’s profile page (with their handle/username), and the date/time.
• URLs: Copy the direct link to the specific comment or post. On most platforms, you can click the three dots (...) or the timestamp to get a "Copy Link" option.
• Metadata: If the person is sending direct messages, do not "Accept" the request if it allows them to see you have read it, but do screenshot the message and the profile ID (e.g., @user123).

Step 2: Use the platform’s reporting tools

Every major platform (Instagram, X, Reddit, YouTube) has an internal reporting mechanism.

• Report the specific comment for "Harassment," "Hate Speech," or "Sexual Content."
• This alerts the platform’s moderators. While this doesn't lead to legal action, it can lead to the account being suspended or the content being taken down under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Step 3: File a complaint on the National Cyber Crime Reporting Portal

This is the most effective way to start legal proceedings without immediately going to a physical police station.

• Visit: cybercrime.gov.in.
• Select: "Report Women/Child Related Crime" if the harassment is gender-based or involves a minor. You can choose to report anonymously or provide your details.
• Upload: Attach the screenshots and URLs you collected in Step 1.
• Timeline: You will receive an acknowledgment number immediately. A Cyber Cell officer will typically review the complaint within 48–72 hours.
• Internal link: For more details, see our guide on the Cyber Crime reporting portal.

Step 4: Filing a Zero FIR (if needed)

If the harassment is severe (threats of violence or leaked private photos), you should file an FIR. Under Section 173(1) of the BNSS, you can file a "Zero FIR" at any police station, regardless of where the crime happened or where you live. The police are then responsible for transferring it to the relevant jurisdiction.

• What to bring: A printed copy of your evidence and a written complaint addressed to the SHO (Station House Officer).
• Expected result: The police must provide you with a free copy of the FIR immediately.
• Internal link: Learn How to file an FIR (and what to do if police refuse).

Step 5: Dealing with the mental toll

Online harassment is designed to make you feel isolated and anxious. It is okay to take a break from the digital world while the legal process unfolds.

• Internal link: If you are feeling overwhelmed, check out these Mental health helplines (iCall, Vandrevala, NIMHANS).

Step 6: Follow up and escalation

If the police do not take action within 14 days of your complaint, you can escalate the matter.

• Superintendent of Police (SP): Write to the SP under Section 173(4) of the BNSS.
• Magistrate: If the SP also fails to act, you can file a complaint directly with a Magistrate under Section 175(3) of the BNSS to seek an order for an investigation.

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Where it usually breaks

The jump from "reporting" to "action" is where most cases hit a wall. Here are the three most common friction points and how you can bypass them:

1. The "Ignore it" gaslighting When you visit a local police station, an officer might tell you, "It’s just the internet, beta. Block and move on." They might refuse to file an FIR because there is no physical injury.

• The Fix: Remind them of the Lalita Kumari v. Govt. of U.P. (2014) judgment. If the offence is cognizable (like Section 79 BNS for insulting a woman's modesty), they are legally bound to register an FIR. If they still refuse, use Section 173(4) of the BNSS to send your complaint in writing to the Superintendent of Police (SP) via registered post.

2. The "We can't find them" excuse Police often claim they can't track anonymous accounts or "private" profiles.

• The Fix: This is technically incorrect. Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media platforms are required to assist law enforcement. If you have the URL of the profile, the Cyber Cell can issue a notice to the platform to share the IP address and registration details of the user. Insist that they "issue a notice to the intermediary."

3. The Portal Black Hole You file a complaint on cybercrime.gov.in, but nothing happens for weeks.

• The Fix: The portal is just a collection point; it forwards your complaint to your local police station. After 48 hours, take your acknowledgment number (the one starting with 200...) to the Cyber Cell of your city. Ask for the "Action Taken Report" (ATR). If they ignore you, file an RTI under Section 6(1) of the RTI Act, 2005 asking for the status of that specific complaint number.

Templates / script

A. The Police Complaint (FIR Draft)

Copy-paste this, fill the brackets, and take two printouts to the station.

To, The SHO / Officer-in-Charge, [Name of Police Station / Cyber Cell City],

Subject: Complaint regarding online harassment and hate speech under BNS and IT Act.

Respected Sir/Ma'am,

I, [Your Name], aged [Age], resident of [Your Address], wish to report a criminal offence occurring on [Platform name, e.g., Instagram/Reddit].

On [Date] at [Time], a user with the handle [Username/Profile Link] posted comments that are [choose: obscene / threatening / promoting communal enmity]. Specifically, the user [describe the action: e.g., threatened me with physical harm / used slurs to insult my modesty].

This act constitutes an offence under:

1. Section 79 of the BNS, 2023 (Insulting the modesty of a woman).
2. Section 353 of the BNS, 2023 (Statements creating or promoting enmity between classes).
3. Section 67 of the IT Act, 2000 (Publishing obscene material in electronic form).

I have attached screenshots of the comments and the profile URL as evidence. I request you to register an FIR under Section 173 of the BNSS and initiate an investigation.

Yours sincerely, [Signature] [Phone Number]

---

B. Email to the Platform’s Grievance Officer

Under the IT Rules 2021, every platform must have a Grievance Officer for India. You can find their email in the platform's "Help" or "Legal" section.

Subject: Urgent: Grievance Redressal for Harassment - [Your Username/Case ID]

Dear Grievance Officer,

I am writing to report a violation of your Community Guidelines and the IT Rules, 2021. The user [User Link] is engaging in [harassment/hate speech] against me.

Despite reporting via the app (Report ID: [Number]), the content remains live. As per Rule 3(2)(b) of the IT Rules 2021, intermediaries must remove content that is prima facie insulting to the modesty of a woman or sexually explicit within 24 hours of receiving a complaint.

Please take immediate action to disable access to this content.

Regards, [Your Name]

FAQs

1. Can I report a comment if it was posted months ago? Yes. While it is better to report immediately, there is no strict "expiry date" for filing a criminal complaint for online harassment. However, the longer you wait, the higher the chance the user deletes their account or the platform purges the data. If the harassment is ongoing, report it now.

2. Is there a fee for filing a complaint at the Cyber Cell? No. Filing a police complaint or an FIR is completely free. If any official asks for "processing fees" or "stationery charges," they are asking for a bribe. You can report such demands to the Anti-Corruption Bureau (ACB) of your state.

3. What if the harasser is using a "fake" profile with no real photo? Report it anyway. Every time someone logs into a social media app, they leave a digital footprint (IP address, device ID). The police have the authority to ask the platform for these logs. Even if the profile looks "fake" to you, it has data attached to it that can lead to a real-world identity.

4. Can I file a "Zero FIR" for online abuse? Yes. Under Section 173(1) of the BNSS, you can file an FIR at any police station, regardless of where the crime took place or where you live. This is called a Zero FIR. They must register it and then transfer it to the relevant station that has jurisdiction over the case.

5. Will the police take my phone away as "evidence"? They might ask for it, but you should insist on providing "certified copies" of the screenshots or a digital backup. Under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which replaced the Evidence Act), electronic records are admissible. You can provide the evidence in a pen drive with a self-signed certificate (Certificate under Section 63 BSA) instead of handing over your primary phone.

6. Can I report anonymously? The cybercrime.gov.in portal allows you to report "Women/Child related crime" anonymously. However, for a full investigation and a subsequent trial, the police will eventually need to record your statement. For hate speech (Section 353 BNS), anyone can be a complainant, not just the target.

7. What happens if the person is outside India? It becomes more complex, but not impossible. India has Mutual Legal Assistance Treaties (MLATs) with many countries. For serious threats or large-scale hate speech, the Indian government can request foreign platforms to take down content or provide user details even if the server is located abroad.