Is abusive language a criminal offence in India? | Explained
This article explains the legal status of abusive language in India following recent FIRs filed against protesters. It clarifies that abusive speech is not a standalone crime but can be prosecuted under specific sections of the Bharatiya Nyaya Sanhita if it threatens public peace or causes mischief.
Why it matters
It provides essential legal context for understanding how free speech and public order are balanced in the Indian judicial system.
The story so far: Following protests by the Cockroach Janta Party at Jantar Mantar, multiple FIRs were registered against demonstrators over the use of allegedly “abusive and objectionable language”.
Among them was a Zero FIR, which allows a complaint to be registered at any police station regardless of where the alleged offence occurred. It was lodged at the Expressway Police Station in Uttar Pradesh on the complaint of a Ghaziabad resident. The FIR invokes Sections 352 (intentional insult to provoke breach of peace), 353(1) (statements conducive to public mischief), and 356(1) (defamation) of the Bharatiya Nyaya Sanhita (BNS), alleging that the remarks were intended to “spread hatred and disrupt public peace”.
The case once again raises a recurring legal question: Is using abusive language, by itself, a criminal offence in India?
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