How to report online racial harassment under IT Act and BNS

1. The Hook

You are scrolling through a global subreddit or a viral Instagram reel when a random user from the US starts lecturing you on why Indians aren't "actually Asian." It starts as a typical "LMAO" moment of American-centrism, but then the comments turn nasty. Suddenly, you're facing a flood of ethnic slurs, stereotypes about your accent, or claims that your identity doesn't exist.

Most of us just close the app, mutter something about the "US education system," and move on. But when the "trolling" turns into targeted harassment or hate speech, you don't have to just sit there and take it. If you are an Indian resident, our laws provide specific mechanisms to hold both the harasser and the platform accountable. Whether it is a deepfake, a racial slur, or identity-based bullying, you have the right to a safe digital space. Here is how you use the law to push back.

2. What the law actually says

Online identity-based harassment in India is governed by a combination of the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced the IPC) and the Information Technology (IT) Act, 2000.

The Bharatiya Nyaya Sanhita (BNS) Provisions

If someone is targeting you based on your race, place of birth, or residence (which includes the "you're not Asian" type of ethnic erasure if it leads to hate), several sections apply:

• Section 196 of the BNS: This section deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. If the online comments are inciting hatred against Indians as a group, this is your primary legal tool.
• Section 352 of the BNS: This covers "intentional insult with intent to provoke breach of peace." If a harasser is specifically targeting you to trigger a violent reaction or humiliate you publicly, this section is applicable.
• Section 353 of the BNS: This deals with statements conducing to public mischief, specifically reports or rumours that may incite one community against another.

The IT Act and the 2021 Rules

While the BNS defines the crime, the Information Technology Act, 2000, and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, define how platforms must behave.

• Section 79 of the IT Act: This grants "safe harbour" to platforms like Instagram, X (Twitter), or Reddit, meaning they aren't responsible for what users post—unless they fail to remove it after being notified.
• The 2021 Rules: These rules mandate that every "Significant Social Media Intermediary" (platforms with over 50 lakh users in India) must appoint a Grievance Officer based in India. They are legally required to acknowledge your complaint within 24 hours and resolve it within 15 days. For content involving nudity or deepfakes, they must act within 24 hours.

If the police refuse to register your complaint, you should cite Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2024 (which replaced Section 154 of the CrPC). This section mandates the registration of an FIR for cognizable offences. You can also refer to the Supreme Court judgment in Lalita Kumari vs. Govt. of U.P. (2014), which makes it compulsory for police to file an FIR if the information discloses a cognizable offence. Learn more about your rights in our guide on How to file an FIR (and what to do if police refuse).

3. Step-by-step playbook

Taking action against online hate requires a mix of digital hygiene and legal procedural knowledge. Follow these steps to ensure your complaint isn't ignored.

Step 1: Preserve the Evidence (Do not just delete!)

Before you block the user or report the post, you must document the evidence. Courts and the Cyber Crime reporting portal require specific details.

• Screenshots: Capture the offensive comment, the user’s profile page, and the timestamp.
• Screen Recording: This is better than a screenshot. Start recording, show the URL bar, scroll through the comments, and click on the harasser's profile to show their unique User ID. This proves the content wasn't "inspected" or edited in a browser.
• URL Copying: Copy the direct link to the specific post and the harasser’s profile. If the account is deleted later, the URL helps the platform track the internal logs.

Step 2: Formal Platform Reporting (Grievance Redressal)

Don't just click the "Report" button in the app; that often goes to an automated global AI. For serious harassment, use the India-specific Grievance Mechanism.

• Search for the platform's "India Grievance Officer" (e.g., "Meta India Grievance Officer" or "Reddit India Grievance").
• Send a formal email or use their dedicated portal. Mention that you are reporting a violation under the IT Rules 2021.
• Expected Timeline: They must acknowledge your email within 24 hours and give you a complaint ID.

Step 3: File a Complaint on the National Cyber Crime Portal

If the platform doesn't act, or if the harassment is severe, go to cybercrime.gov.in.

• Choose the Category: Select "Report Other Cyber Crimes" (unless it involves women/children specifically, which has a priority portal).
• Incident Details: Provide the date, time, and platform. Under "Additional Info," mention the specific BNS sections like Section 196 (promoting enmity) or Section 352 (intentional insult).
• Upload Evidence: Attach the screen recordings and screenshots you collected in Step 1.
• Save the Acknowledgment: You will receive an acknowledgement number. This is crucial for follow-ups.

Step 4: Converting the Complaint to an FIR

A portal complaint is often treated as an "application." To make it a criminal case, you may need to visit your local Cyber Cell or Police Station.

• Carry a printed copy of the portal acknowledgement and your evidence.
• Ask the officer to register a Zero FIR if the crime happened outside their jurisdiction. Under the BNSS, they cannot refuse to register a Zero FIR.
• If they refuse, you can send your complaint to the Superintendent of Police (SP) via registered post.

Step 5: Track and Escalate

If 30 days pass and there is no update on your cybercrime complaint:

• Use the File an RTI online portal to ask for the status of your complaint ID.
• Ask: "What is the daily progress report of the investigation for Complaint ID [Your ID]?" and "Provide the names and designations of the officers who have handled this file."

For broader issues of digital safety or to see how other civic issues are handled, you can Browse all civic-action guides.

Where it usually breaks

The system is designed to work on paper, but real-world friction can be exhausting. Here is where your complaint might stall and how to push it through:

1. The "It’s Just a Troll" Brush-off: When you go to a local police station, the officer might tell you to "just block them" or "don't take the internet seriously." They might refuse to file a First Information Report (FIR).

   • The Workaround: Remind them of Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2024, and the Supreme Court’s ruling in Lalita Kumari vs. Govt. of U.P. (2014). If they still refuse, don't argue. File your complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in). Once filed there, it is digitally tracked, and the local station is mandated to process it.

2. The "Platform Black Hole": You report a comment on X or Instagram, and you get an automated "This does not violate our community standards" message within seconds.

   • The Workaround: Standard reporting tools are often AI-managed. You need to escalate to the Grievance Officer. Under the IT Rules 2021, every major platform must have an India-based Grievance Officer. If their response is unsatisfactory, you can appeal to the Grievance Appellate Committee (GAC) at gac.gov.in. This is a government-run portal specifically for people unhappy with how social media companies handled their complaints.

3. The "Anonymous Account" Dead-end: If the harasser has a burner account with zero followers and a fake name, police might say they can't find them.

   • The Workaround: While you can't track them, the police can. Under Section 94 of the BNSS (formerly Section 91 CrPC), the police can issue a legal notice to the platform to provide the IP address, registration email, and phone number of the account. In your written complaint, explicitly request the Investigating Officer (IO) to "issue a notice to the intermediary under Section 94 BNSS to preserve and share user access logs."

Templates / script

A. Email to the Platform’s Grievance Officer

Subject: Formal Grievance under IT Rules 2021 – Racial Harassment – [Your Case ID if you have one]

Body: To the Grievance Officer,

I am writing to formally report a violation of your Terms of Service and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The user [Handle/Username] has posted content that constitutes racial harassment and promotes enmity against the Indian community, violating Sections 196 and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023.

• URL of Offensive Content: [Link]
• Date/Time of Post: [Timestamp]
• Description: The content uses ethnic slurs and denies my racial identity, causing significant mental distress and inciting public mischief.

Under Rule 3(2) of the IT Rules 2021, you are required to acknowledge this complaint within 24 hours and resolve it within 15 days. I have attached screenshots of the content for your records.

Regards, [Your Name]

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B. Script for the Cyber Cell / Police Station

"Namaste Officer. I want to file a complaint regarding targeted racial harassment and hate speech directed at me online. This is a cognizable offence under Section 196 of the BNS for promoting enmity and Section 352 for intentional insult. Here is the evidence, including the profile URLs and timestamps. I have already filed a report on the National Cyber Crime Portal (Reference No: [Number]). I request you to register an FIR under Section 173 BNSS and initiate a probe into the account’s digital footprint."

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C. Cyber Crime Portal Description (Keep it factual)

"On [Date] at [Time], I was targeted by the user [Username] on [Platform]. The user posted comments [Quote the specific slurs/harassment] which are racially motivated and intended to provoke a breach of peace. This violates the Information Technology Act, 2000 and Sections 196, 352, and 353 of the BNS. I have attached screenshots of the profile and the specific comments. I request that the platform be directed to provide the user's details and the content be removed."

FAQs

1. Can I report someone if they are not in India? Yes. Under Section 1 of the BNS and Section 75 of the IT Act, Indian laws apply to any offence committed outside India if it involves a computer or network located in India, or if it targets an Indian citizen. While extraditing a random "troll" is unlikely, filing a report can lead to the platform blocking that user’s access in India.

2. Does it cost anything to file these complaints? No. Filing a complaint on the National Cyber Crime Reporting Portal, reporting to a Grievance Officer, or filing an FIR at a police station is completely free. If anyone asks for a "processing fee," they are acting illegally.

3. Will the police take my phone away for "evidence"? Legally, they can seize a device if it’s "material evidence." However, for online harassment where you are the victim, screenshots and URLs are usually sufficient. If they insist, you can ask the IO to "mirror" the data (copy it) in your presence rather than keeping the physical phone, though this depends on the station's tech capabilities.

4. What if I am under 18? You can still report. However, for a formal FIR, the police will likely require a parent or legal guardian to be present. If you’re uncomfortable talking to your parents, you can call Childline at 1098 for guidance on how to proceed with a complaint involving online bullying.

5. How long does the platform have to take down the post? Under the IT Rules 2021, the Grievance Officer must acknowledge your complaint within 24 hours and dispose of it within 15 days. If the content is "obscene" or shows a person in full or partial nudity (including deepfakes), they must remove it within 24 hours of being notified.

6. What if the platform says the comment "doesn't violate community standards"? This is common. If the internal appeal fails, go to gac.gov.in (Grievance Appellate Committee). This is a government body that can overrule the platform's decision and force them to comply with Indian law. You must file this appeal within 30 days of the platform's rejection.

7. Can I file a complaint anonymously? The National Cyber Crime Portal allows you to report "Women/Child related" crimes anonymously. However, for racial harassment or hate speech, you generally need to provide your details to file a formal FIR. Your personal info is kept in police records and is not shared publicly with the harasser.