Can You Be Jailed For Abusive Language? Here's What BNS Rules State

Published 31 July 2026 · local

Can You Be Jailed For Abusive Language? Here's What BNS Rules State Published By, Last Updated: July 31, 2026, 12:10 IST The primary provision that

Can You Be Jailed For Abusive Language? Here's What BNS Rules State Published By, Last Updated: July 31, 2026, 12:10 IST The primary provision that may apply is Section 352 of the BNS, which deals with "intentional insult with intent to provoke breach of peace." Rapid Read Representative Image. (AI Generated) The registration of a Zero FIR against a 25-year-old woman for allegedly making abusive, vulgar and derogatory remarks against Prime Minister Narendra Modi during a NEET-UG protest at Delhi’s Jantar Mantar has sparked debate over whether abusive language can attract criminal punishment under Indian law. Police said the remarks were made during a protest organised by the Cockroach Janta Party (CJP) over alleged irregularities in competitive examinations, including the NEET paper leak. Authorities have said the woman was identified through videos circulating on social media and that further action will depend on the findings of the investigation. The case has brought renewed attention to the provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the circumstances under which abusive language can amount to a criminal offence.

Section 352 BNS The BNS does not contain a standalone provision that criminalises every instance of abusive language. Whether abusive words amount to an offence depends on the context, intent and consequences of the act. The primary provision that may apply is Section 352 of the BNS, which deals with “intentional insult with intent to provoke breach of peace." Under this section, a person may be held liable if they intentionally insult another person and the insult is likely to provoke that person into breaking the public peace or committing another offence. The focus of the law is not merely on the use of offensive words, but on whether the conduct was intended, or was likely, to trigger violence, disorder or a breach of peace. Punishment A person found guilty under Section 352 can face imprisonment for up to two years, or a fine, or both. If The Abuse Includes Threats: Section 351 BNS If abusive language is accompanied by threats to a person’s life, reputation, or property, the offence may fall under Section 351.

The section covers threats made with the intention of causing alarm or forcing a person to do or refrain from doing something. Punishment can range up to two years, while more serious threats can attract imprisonment of up to seven years. Section 356 BNS Where abusive statements damage a person’s reputation by making or publishing false allegations, the matter may amount to defamation under Section 356 BNS rather than a simple insult. Whether a statement is defamatory depends on the facts of each case. (India Code) If The Abuse Targets A Woman’s Modesty: Section 79 BNS When abusive words, gestures, sounds or acts are directed at a woman with the intention of insulting her modesty, Section 79 BNS may apply. The provision criminalises words, gestures, sounds or conduct intended to insult the modesty of a woman. It is the BNS equivalent of the erstwhile Section 509 of the Indian Penal Code (IPC). Legal Threshold Not every instance of abusive or offensive language amounts to a criminal offence under the Bharatiya Nyaya Sanhita (BNS), 2023. Courts have generally distinguished between mere rude or offensive remarks and intentional insults or threats that are likely to provoke a breach of peace, intimidate a person, or target a woman’s dignity.