Noida Police registered a zero FIR on July 29 against 25-year-old Ruchika Singh, a resident of Lotus Zing Society in Sector 168, over abusive remarks she allegedly made against Prime Minister Narendra Modi during a protest at Delhi’s Jantar Mantar on July 23.

The complaint was filed by Supreme Court advocate Smriti Singh, who said she had seen a video of the incident and found the language objectionable.

The FIR was lodged at the Expressway police station and invoked Sections 352, 353(1) and 356(1) of the Bharatiya Nyaya Sanhita, before being transferred to Delhi Police because the alleged incident took place in Delhi.

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When abusive speech becomes a crime

The case has reopened a familiar legal question: does abusive or vulgar language, by itself, amount to a crime?

The straight answer under the BNS is no. The law does not criminalize every instance of offensive speech. There are some deciding factors like the context of the remark, its intent, and likely consequences.

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Any rude remark is not automatically a criminal offense unless it fits a specific legal provision and meets its threshold.

That distinction matters because public outrage often treats profanity as punishable on its own. Indian criminal law asks a narrower question about whether the speech was meant to provoke disorder, threaten someone, or damage reputation.

The legal provisions under the BNS

Official material identifies Section 352 as “Intentional insult with intent to provoke breach of peace,” while the classification schedule says it carries up to two years in prison, a fine, or both.

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Moreover, if abusive language is accompanied by threats, Section 351 on criminal intimidation may apply. Additionally, false allegations harming reputation can fall under Section 356 on defamation.

A separate provision, Section 78, covers words, gestures, or conduct intended to insult the modesty of a woman.

Supreme Court’s distinction between profanity and obscenity

The legal debate also turns on a long-running distinction made by courts between obscenity and profanity.

The Supreme Court has repeatedly held that profanity alone is not obscenity. The Court said that “legally, obscenity is not synonymous with ‘vulgarity,’ ‘abuse,’ or ‘profanity.'”

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Courts have required a higher bar for criminal liability. The speech must be shown to be lascivious or likely to arouse sexual interest before it can be treated as obscenity under criminal law.

Whether the remarks attributed to Singh cross the relevant threshold under Sections 352, 353(1), and 356(1) will now depend on the investigation and, if the matter reaches court, on judicial scrutiny of the facts.

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FAQs

Q1: Is abusive language a criminal offence under the Bharatiya Nyaya Sanhita (BNS)?

Not by itself; abusive speech becomes punishable only if it fulfils the legal requirements of specific offences under the BNS.

Q2: What is Section 352 of the Bharatiya Nyaya Sanhita (BNS)?

Section 352 of the BNS deals with intentional insults made with the intent, or knowledge that they are likely, to provoke a breach of peace.