How to report regional discrimination and hate speech under BNS

Your identity is not an insult

You just moved from Patna to Delhi for college or your first job. Within a week, a landlord refuses you a flat the moment they hear your accent, or a classmate uses "Bihari" as a slur during a heated argument. It feels like a "normal" part of the Delhi experience, but it is actually a violation of your fundamental rights. When regional bias crosses the line into harassment, exclusion, or hate speech, you do not have to just take it. Regional discrimination is not just "bad vibes"; in many cases, it is a criminal offence. Here is how to use the law to stand your ground.

What the law actually says

In India, your place of birth cannot be used as a weapon against you. This protection starts at the very top with the Constitution of India. Article 15 explicitly prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, or place of birth. While Article 15 primarily applies to the State, the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced the IPC on 1 July 2024) provides the tools to take action against individuals and groups.

1. Promoting Enmity (Section 196 BNS)

Section 196 of the BNS (formerly Section 153A IPC) is your strongest shield. It punishes anyone who promotes disharmony or feelings of enmity, hatred, or ill-will between different groups on grounds of place of birth, residence, language, or caste. If someone is using your regional identity to incite hatred or disturb public peace, they can face up to 3 years in prison. You can check the full text of the BNS on India Code.

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

If someone claims that people from Bihar (or any other state) cannot be "true Indians" or should be denied their rights as citizens, they are violating Section 197 BNS (formerly Section 153B IPC). This section deals with assertions that certain groups cannot bear true allegiance to the Constitution because of their regional or linguistic background.

3. Intentional Insult (Section 352 BNS)

If the discrimination involves verbal abuse or slurs meant to provoke you into a physical fight or break the peace, Section 352 BNS (formerly Section 504 IPC) applies. This covers "intentional insult with intent to provoke breach of peace."

4. The Duty to Register an FIR

Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police are legally bound to register an FIR if your complaint discloses a cognisable offence (like Section 196 BNS). The Supreme Court reaffirmed this in the landmark case Lalita Kumari v. Govt. of U.P. (2014), stating that police cannot conduct a preliminary inquiry to decide whether to register an FIR if the information clearly shows a cognisable offence. If you need help with the basics, check our guide on how to file an FIR (and what to do if police refuse).

Step-by-step playbook to fight regional bias

Step 1: Secure the evidence

In cases of verbal abuse or regional slurs, it often becomes a "your word against theirs" situation. You need to change that.

• Record the interaction: If you feel a conversation is turning discriminatory, start a voice recording on your phone. In Delhi, you do not need the other person's consent to record a conversation you are a part of, especially if it is to document a crime.
• Save digital footprints: If the abuse is happening on WhatsApp, Instagram, or a college group, take screenshots immediately. Do not delete the messages. If it is happening on social media, you should also look at the Cyber Crime reporting portal.
• Identify witnesses: If this happened in a PG, a classroom, or a metro station, note down the names or descriptions of people who saw it. Even one neutral witness can make your case much stronger.

Step 2: Draft your complaint

Do not just walk into a police station and talk. Write it down. Your complaint should include:

• The Date and Time: Be precise.
• The Exact Words: Do not shy away from writing the exact slurs used. Use quotation marks.
• The Specific Demand: Explicitly state that you want an FIR registered under Section 196 and Section 352 of the BNS, 2023.
• The 'Place of Birth' angle: Mention clearly that the harassment was specifically targeted at your regional identity (Bihar).

Step 3: File the FIR (or Zero FIR)

Go to the nearest police station (Thana). If the incident happened in a different part of Delhi, the police might try to send you there. Do not leave.

• Demand a Zero FIR: Under Section 173(1) of the BNSS, you can file a Zero FIR at any police station regardless of where the incident happened. The police will then transfer it to the relevant station.
• Get your copy: By law, you are entitled to a free copy of the FIR immediately. Do not leave without it.

Step 4: Use the Delhi Police Online Portals

If you find the physical police station intimidating, use the Delhi Police Citizen Services portal (delhipolice.nic.in).

• For non-violent harassment or "lost and found" (like if your ID was snatched during a scuffle), you can file an e-FIR.
• For hate speech or online regional trolling, use the 'Social Media Complaint' section on the Delhi Police website.

Step 5: Escalate if the SHO refuses

If the Station House Officer (SHO) refuses to file your FIR:

• Send it by Post: Under Section 173(4) of the BNSS, you can send the substance of your complaint in writing and by post to the Deputy Commissioner of Police (DCP) of your district.
• The Judicial Route: If the DCP also fails to act, you can approach the Metropolitan Magistrate under Section 175(3) of the BNSS (formerly 156(3) CrPC) to seek a direction for the police to investigate.

Step 6: Institutional Complaints

If the discrimination is happening in a college or workplace:

• University Proctor/Internal Committee: Most Delhi University colleges have an anti-discrimination cell or a Proctor’s office. File a formal written complaint there. Mention that the behaviour violates the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012.
• Workplace HR: If it is a workplace, check if they have a code of conduct regarding diversity. If the harassment is sexual in nature along with regional bias, refer to our guide on POSH at workplace and college.

Step 7: Take care of your mental health

Being targeted for your identity is exhausting and can lead to significant anxiety or a sense of isolation. You are not alone in this fight. If the stress is becoming too much, reach out to professional services. You can find a list of verified resources in our guide to mental health helplines (iCall, Vandrevala, NIMHANS).

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Where it usually breaks

The law looks great on paper, but the ground reality in a busy Delhi police station can be different. Here is where the process usually hits a wall and how you can push through.

1. The "Chalta Hai" / "It was just a joke" excuse When you try to report regional slurs, a police officer might tell you to "take it lightly" or claim the other person didn't mean it. They might try to frame it as a "petty quarrel" instead of a hate speech issue.

• The Workaround: Stick to the terminology of the law. Don't just say "he insulted me." Say, "This is a violation of Section 196 of the Bharatiya Nyaya Sanhita (BNS) as it promotes enmity based on my place of birth." Remind them that under the Supreme Court’s judgment in Lalita Kumari v. Govt. of U.P. (2014), if a cognisable offence is disclosed, they must register an FIR.

2. The SHO refuses to file the FIR If the Station House Officer (SHO) flat-out refuses to entertain your complaint, do not get into a shouting match.

• The Workaround: Use Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This allows you to send your complaint in writing via registered post to the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP). If they are satisfied that a crime has occurred, they will either investigate it themselves or direct an officer to do so.

3. The "Jurisdiction" Trap If the incident happened in one part of the city but you are trying to report it near your college or home, the police might try to send you away saying, "This isn't our area."

• The Workaround: Demand a Zero FIR. Under Section 173 of the BNSS, the police are required to record the information regardless of where the crime took place. They can later transfer the FIR to the relevant police station. A Zero FIR ensures that evidence isn't lost while you're being shuttled between stations.

4. Witness "Amnesia" Friends or bystanders who saw the incident might back out because they don't want "police chakkar."

• The Workaround: This is why digital evidence is king. Screenshots, screen recordings of group chats, or a voice memo recorded on your phone are harder to "forget" than a human witness's testimony. If the abuse happened on social media, report it through the National Cyber Crime Reporting Portal.

Templates / script

Script: Talking to the Duty Officer at the Police Station

"Namaste, I am here to file an FIR regarding a cognisable offence. I was targeted with regional slurs and threats based on my place of birth (Bihar). This is a clear violation of Section 196 and Section 352 of the BNS. I have the evidence [show phone/screenshots] and a written complaint ready. Please provide me with acknowledgment of my complaint under Section 173 of the BNSS."

Template: Written Complaint to the SHO/DCP

To, The Station House Officer, [Name of Police Station], [City/District].

Subject: Complaint regarding regional discrimination and hate speech under Section 196, 197, and 352 of the BNS.

Respected Sir/Madam,

I, [Your Name], aged [Age], resident of [Your Address], originally hailing from [Your Home State/District], wish to report an incident that occurred on [Date] at [Time] at [Location].

[Describe the incident clearly: Who said what? What specific regional slurs were used? Were there threats? Who else saw it?]

These actions promote enmity and hatred against people from [Your State] and constitute an offence under Section 196 of the Bharatiya Nyaya Sanhita (BNS). Furthermore, the intentional insults were intended to provoke a breach of peace under Section 352 BNS.

I request you to register an FIR and provide me with a free copy of the same as per my rights under Section 173 of the BNSS.

Yours sincerely, [Your Name] [Your Phone Number] [Date]

Template: RTI for FIR Status

If 48 hours pass and you haven't heard back, file an RTI on rtionline.gov.in. Text for RTI Application: "Regarding my complaint dated [Date] filed at [Police Station Name] against [Name of Accused, if known], please provide the following information under Section 6(1) of the RTI Act 2005:

1. The daily progress report of the action taken on my complaint.
2. The names and designations of the officers who have handled my complaint till date.
3. If no FIR has been registered, provide the specific reasons recorded in writing for the same."

FAQs

1. Can a landlord really refuse me a flat just because I am from Bihar? While a private landlord has the right to choose their tenant, they cannot use discriminatory or hateful language to do so. If they use regional slurs or humiliate you based on your origin, that is a criminal offence under Section 196 BNS. For the refusal itself, while Article 15 of the Constitution primarily applies to the State, many housing societies have internal bylaws that prohibit discrimination; you can escalate this to the Registrar of Societies.

2. What if the person abusing me is also a student? The law applies to everyone. However, you should also report this to your college’s Internal Complaints Committee (ICC) or the Anti-Ragging Cell. Most universities have strict codes of conduct against regional discrimination. A police complaint (FIR) can run parallel to a college disciplinary inquiry.

3. Is "Bihari" officially considered a slur? The word itself is a demonym (a name for people from a place). However, the law (Section 196 BNS) looks at the intent and the context. If the word is used to "promote disharmony or feelings of enmity, hatred or ill-will," it becomes a legal issue. If it is used as a prefix to an abuse or to imply inferiority, it fits the criteria for legal action.

4. How much does it cost to file an FIR? It is absolutely free. Under Section 173 of the BNSS, you are entitled to a copy of the FIR free of cost. If an officer asks for money to "speed things up" or "file the paper," that is bribery. You can report this to the Vigilance Department of the State Police.

5. Can I report someone for regional hate speech on a WhatsApp group? Yes. Take screenshots where the group name and the sender's phone number are visible. Under the BNS, "publication" of hate speech includes digital formats. You can file a complaint at your local police station or via the National Cyber Crime Reporting Portal.

6. Will filing an FIR ruin my career? Filing a complaint as a victim does not affect your character certificate or passport verification. In fact, standing up for your rights shows civic awareness. It is the accused who has to worry about their criminal record affecting their future employment or visa applications.

7. What is the timeline for the police to act? Once an FIR is registered, the police must investigate. Under Section 193 of the BNSS, the police should ideally strive to complete the investigation within 90 days for most offences. You have the right to be informed about the progress of the investigation.