Now Reading: Abusive language no automatic crime in India, courts, law say
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Abusive language no automatic crime in India, courts, law say
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…
The Story in Brief
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.
The Indian Opinion
The narrative that abusive speech alone should land a person in jail ignores the plain letter of the BNS and Supreme Court rulings. Free speech under Article 19(1)(a) lets citizens call out authorities harshly, provided there is no incitement to violence. The test remains context: does the remark provoke immediate public disorder or is it mere insult? The Shreya Singhal judgment of 2015 settled that annoyance alone is not a crime. The real question is whether police will read that judgment before filing the next FIR.
Source: thehindu.com
This story was synthesised by AI from the source linked above.
