- By Priyanka Koul
- Fri, 31 Jul 2026 04:08 PM (IST)
- Source:JND
- Abusive language is not automatically a criminal offence under the Bharatiya Nyaya Sanhita (BNS), 2023; prosecution depends on intent, context, and potential harm caused.
- Sections commonly invoked for abusive language include Section 352, 351, 356.
- Penalties for these offences can range from fines to imprisonment for up to three years or more, depending on the severity and nature of the offence.
A day after a Zero FIR was registered against 25-year-old Ruchika Singh for allegedly making abusive, vulgar and derogatory remarks against Prime Minister Narendra Modi during the Cockroach Janta Party (CJP) protest at Jantar Mantar, the case has reignited debate over whether abusive language can invite criminal prosecution under the Bharatiya Nyaya Sanhita (BNS), 2023.
According to the complaint, Singh's remarks were allegedly made with the deliberate intent to incite ill-will and disturb public peace.
The complaint was filed in Delhi by Supreme Court advocate Smriti Singh, a resident of Indirapuram in Ghaziabad, following which the Noida Police initiated action.
Based on the complaint, the police registered a case under Sections 352, 353(1) and 356(1) of the BNS.
ALSO READ: ‘Dragged By Mob, Uniform Soaked In Blood’: Families Of Injured Cops During CJP Protest Share Ordeal
Can abusive language really attract criminal charges?
The Bharatiya Nyaya Sanhita (BNS), 2023, does not make every instance of abusive or offensive language a criminal offence. Whether abusive words amount to a crime depends on the context in which they were used, the intention behind them, and whether they were likely to cause any legal harm, such as provoking violence or damaging someone's reputation.
Here are some of the provisions that may be invoked for abusive language:
- Section 352 (Intentional insult with intent to provoke breach of peace): This is the most common provision invoked in cases involving abusive language. It applies when a person intentionally insults another in a way that is likely to provoke a breach of public peace or lead to the commission of another offence. In other words, the law does not punish offensive language simply because it is rude or abusive; it looks at whether the words were intended, or were likely, to trigger violence, disorder or public unrest.
Punishment: A person convicted under Section 352 can face imprisonment for up to two years, a fine, or both.
- Section 351 (Criminal intimidation): If abusive language is accompanied by threats to a person's life, reputation or property, the offence may amount to criminal intimidation.
Punishment: It may depend on the nature of the threat; the punishment can extend to two years' imprisonment, while more serious cases may attract a sentence of up to seven years.
- Section 356 (Defamation): If abusive statements include false allegations that harm a person's reputation, they may amount to defamation rather than a simple insult. Whether a statement is defamatory depends on the facts of each case.
Punishment: The offence is punishable with imprisonment for up to three years, a fine, or both.
- Section 79 (Insulting the modesty of a woman): If abusive words, gestures, sounds or acts are directed at a woman with the intention of insulting her modesty, Section 79 may apply. The provision criminalises conduct intended to outrage or insult a woman's modesty.
Punishment: A simple imprisonment could be up to three years and a fine.
- Section 353(1) (False statements, rumours or reports): This provision deals with the publication or circulation of false statements, rumours or reports, including through electronic media. A conviction can attract imprisonment for up to three years, a fine, or both.