Understanding Criminal Liability for Abusive Language Under BNS Rules

The recent filing of a Zero FIR against a 25-year-old woman for allegedly using abusive and derogatory language towards Prime Minister Narendra Modi during a protest in Delhi has ignited discussions regarding the legal ramifications of such language in India. This incident occurred during a demonstration organized by the Cockroach Janta Party (CJP), which was aimed at highlighting alleged irregularities in competitive examinations, particularly the NEET paper leak. Law enforcement officials stated that the woman was identified through social media footage, and the next steps will depend on the outcomes of the ongoing investigation into her remarks.

This case has drawn attention to the Bharatiya Nyaya Sanhita (BNS), 2023, particularly regarding the conditions under which abusive language may be considered a criminal offense. It is important to note that the BNS does not explicitly criminalize all forms of abusive language. Instead, the determination of whether such language constitutes an offense is contingent upon various factors, including the context, intent, and potential consequences of the utterances. The relevant legal framework primarily revolves around Section 352 of the BNS, which addresses “intentional insult with intent to provoke breach of peace.” This provision stipulates that an individual may be held accountable if they intentionally insult another person and such an insult is likely to incite that individual to disrupt public peace or engage in further unlawful behavior. The law emphasizes the intent behind the words rather than the mere use of offensive language, focusing on whether the actions were designed to incite violence or disorder.