# Abusive language no automatic crime in India, courts, law say 2026-08-09T00:41:55+00:00 | Governance | Indian Opinion Desk Corroboration: 1 independent outlet A Zero FIR against the Cockroach Janta Party protesters in Uttar Pradesh has revived the question: is abusive language a criminal offence in India? The Bharatiya Nyaya Sanhita does not criminalise abusive words as a standalone crime. Section 352 requires that the insult be intentional and likely to provoke a breach of peace. Section 353 targets statements causing public mischief, and Section 356(1) criminalises defamation. The Supreme Court in 2026, in State of Telangana v. Nalla Balu, held that police must not mechanically register FIRs merely because a speech is offensive. Only speech that incites violence or poses an imminent threat to public order can attract criminal sanction. The 2015 Shreya Singhal judgment had already ruled that mere annoyance to others is not a valid ground to restrict free speech. ## Coverage - thehindu.com Tags: abusive language, Article 19(1)(a), BNS, free speech, police FIR, Supreme Court Canonical: https://indianopinion.org/abusive-language-no-automatic-crime-in-india-courts-law-say/ License: Summary and commentary (c) Indian Opinion, reusable with attribution. Facts belong to the linked sources. Cite: https://indianopinion.org/abusive-language-no-automatic-crime-in-india-courts-law-say/#story-in-brief Review state: restored archive article, accurate at time of publication, not offered to search indexes.