Seen extreme hate speech or harassment online? Don't just ignore it. Here is how to use the BNS and the National Cyber Crime Portal to take actual legal action.
You’re on Reddit or Instagram at 2 AM, and you stumble upon a thread that isn’t just "edgy"—it’s straight-up toxic. Someone is calling for violence against a community, using slurs to "put someone in their place," or sharing dehumanizing memes about a religion. It feels heavy, baffling, and honestly, a bit scary. You want to do more than just hit the "Report" button on the app, which often feels like shouting into a void. If you’re ready to move from being a bystander to taking civic action, there are actual legal tools to hold these people accountable.
Since July 1, 2024, India has moved from the IPC to the Bharatiya Nyaya Sanhita (BNS). When you see hate speech or harassment online, several sections apply:
The Supreme Court in Pravasi Bhalai Sangathan v. Union of India (2014) emphasized that hate speech is an effort to marginalize individuals based on their membership in a group and can be a precursor to violence. You aren't just being "sensitive"; you are identifying a legal violation.
Taking action against online hate requires a mix of digital hygiene and legal procedure.
Before the user deletes the post or the platform takes it down, you need a record. Courts and police need a "chain of custody" for digital evidence.
Report the content using the app's internal tools. While this doesn't always result in legal action, it helps in getting the content hidden from others. If the platform refuses to remove content that clearly violates Indian law, you can later mention this in your formal complaint.
The Ministry of Home Affairs runs cybercrime.gov.in. This is the most efficient way for a young person to start the process without walking into a police station immediately.
If the hate speech is severe or constitutes a direct threat, you should file an FIR (and what to do if police refuse).
If the portal report shows no movement after 7–10 days:
If witnessing this type of hate is affecting your peace of mind, don't hesitate to reach out to mental health helplines (iCall, Vandrevala, NIMHANS).
Even with the law on your side, the process isn’t always a smooth scroll. Here is where things typically stall and how to push through:
The "It’s just the internet" brush-off: You walk into a police station, and the officer tells you to "just block them" or says they only handle "real" crimes like theft.
The E-FIR Signature Trap: You filed a report on the Cyber Crime portal and thought your job was done. But under Section 173(1) of the BNSS, an FIR filed electronically must be signed by the complainant within three days before it is officially entered into the records.
Jurisdiction Ping-Pong: The police might tell you they can’t take the case because the person posting the hate speech is in another state.
The "Evidence Deleted" Dead-end: By the time the police look at the link, the user has deleted the post or deactivated their account.
Copy, fill in the [highlighted] bits, and send.
Use this if the hate speech is linked to immediate threats or financial scams.
"Hello, I am calling to report a cognizable offence involving online hate speech and incitement. I have found content on [Platform Name] that violates Section 196 of the BNS by promoting enmity between groups. The profile URL is [URL]. I have saved the evidence. Can you guide me on the nearest Cyber Cell to verify my complaint?"
Send this to the SHO of your local station or the DCP of the Cyber Cell.
Subject: Complaint regarding online hate speech and promotion of enmity under Sections 196 and 353 of the BNS.
Respected Sir/Madam,
I am writing to report a serious violation of the law occurring on [Platform, e.g., X/Instagram].
1. Offender Details: User handle [@username], Profile Link: [URL]. 2. Incident: On [Date] at [Time], the accused posted [describe content—e.g., a video inciting violence against a specific community]. 3. Legal Violation: This content directly violates Section 196 of the Bharatiya Nyaya Sanhita (BNS) as it promotes hatred between different groups on the basis of [religion/caste/residence]. It also attracts Section 353 of the BNS for spreading mischief. 4. Evidence: I have attached screenshots and a screen recording of the post and the user profile as Annexure A.
I request you to register an FIR under Section 173 of the BNSS and initiate an investigation. Please provide me with the Diary Number/Acknowledgement for this complaint.
Sincerely, [Your Name] [Your Phone Number]
If 15 days pass with no update, file an RTI at rtionline.gov.in.
"Regarding my complaint dated [Date] with acknowledgement number [Number] filed at [Station Name]:
Yes, the [cybercrime.gov.in](https://cybercrime.gov.in) portal allows you to "Report Anonymously." However, if the hate speech is part of a larger pattern of harassment against you specifically, or if you want to ensure an FIR is registered, providing your details is better. Police are more likely to act on verified complainants than anonymous tips.
No. Filing an FIR is absolutely free. If any official asks for a "processing fee" or "convenience charge," it is illegal. You are also entitled to a free copy of the FIR under **Section 173(2) of the BNSS**.
India's Cyber Cells have the authority to request "Basic Subscriber Information" (BSI) from platforms like Meta, X, or Google. Under the **IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021**, these platforms are required to assist law enforcement in identifying the origin of information for specific offences.
Usually, no. They might ask to see the original device to verify the screenshots or to create a forensic image of the data. Unless your phone itself is part of the crime (e.g., you are the one accused), they should not seize it. You can offer to provide a digital copy or a "Section 63 BSA" certificate instead.
Under **Section 173(3) of the BNSS**, if the police feel a Preliminary Inquiry (PI) is needed before an FIR, they must complete it within 14 days. Once an FIR is registered, the timeline for a chargesheet varies, but you can use the RTI template above to keep the pressure on.
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