One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Using abusive language or cuss words against someone on Instagram comments can attract criminal action under Indian law. The worst-case scenario includes an FIR, criminal proceedings, and potential arrest. But not every insult leads to jail time — much depends on the content, context, and whether the other party files a complaint.
Let's talk about a case that came to the office of Advocate Sudhir Rao. A young professional from Pune, Rohan Gupta, found himself in trouble after a heated exchange.
Rohan had a disagreement with a stranger on a public Instagram post. Things escalated. He typed a series of abusive comments — cuss words, personal attacks, even threats. The other person, Ananya Iyer, took screenshots. She filed a complaint at the Hinjewadi police station. An FIR was registered under what were then the IPC provisions, now corresponding to the Bharatiya Nyaya Sanhita (BNS). Rohan was summoned. He didn't think words on social media could land him in legal trouble. He was wrong.
Initially, Rohan tried handling it himself. He apologised. But the police process had already started. That's when he approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office argued that while the comments were offensive, they did not meet the threshold for certain serious offences. The strategy focused on early compromise and showing remorse. The expertise of Advocate Sudhir Rao's office in this domain helped secure a settlement — the matter was resolved through mediation at the Lok Adalat. Rohan paid a fine. No jail time. But the lesson was clear: online words have real-world consequences.
Key Facts of the Case
- Rohan Gupta posted abusive comments on a public Instagram post directed at Ananya Iyer.
- Ananya Iyer took screenshots as evidence before deleting the comments.
- A complaint was filed at Hinjewadi police station, Pune, under relevant criminal sections.
- Rohan attempted an apology on his own, but the police had already registered an FIR.
- The matter was ultimately settled through compromise and mediation at Lok Adalat.
- No custodial sentence was imposed; a fine was levied instead.
- Social media posts are considered "public" and can attract criminal liability for insult or defamation.
The Direct Legal Answer
Yes, you can face legal consequences for using cuss words against someone on Instagram. But here's the thing — the law distinguishes between casual insults and serious threats.
What's the worst that can happen?
The worst case is an FIR under BNS sections related to criminal intimidation, defamation, or public nuisance. If the comments include threats to cause harm, you could face arrest. Bail may be granted, but you'll have to go through the criminal justice system. A conviction could mean a fine, imprisonment, or both — depending on the specific section.
Can it be a simple fine and nothing else?
Absolutely. For minor insults or abusive language without threats, the police may issue a notice, and the matter can often be compounded (settled) between the parties. Courts encourage compromise in such cases, especially when it's a first offence.
What if the other person exaggerates?
False complaints are possible. You have the right to defend yourself. If the allegations are unnatural and inconsistent, quashing the FIR before the High Court is an option. But you need strong evidence — text messages, screenshots, witness statements — to show the complaint is bogus.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, preserve all evidence — screenshots of the entire conversation, including your own comments. Third, do not delete your own comments after a complaint. That can be used as evidence of destruction of evidence. Fourth, avoid any further communication with the complainant directly. Let your lawyer handle it. This category of cyber-criminal matter involves nuanced procedural strategies — digital evidence preservation, jurisdiction issues, and knowing which BNS sections actually apply. A general practitioner may miss critical steps.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the following sections may apply:
- Section 79 BNS — Criminal intimidation (if threats are made).
- Section 352 BNS — Intentional insult with intent to provoke breach of peace.
- Section 77 BNS — Extortion by threat (rare, but possible if demands are made).
- Section 108 BNS — Defamation (if the comments harm reputation publicly).
Additionally, the Information Technology Act, 2000, specifically Section 66A (though struck down, similar provisions exist under Section 67 for obscene content), may be relevant depending on the nature of the content.
Punishment and Penalties
Depending on the specific section charged, the punishments vary. Under Section 352 BNS, the maximum punishment is simple imprisonment for up to one month, or a fine, or both. Under Section 79 BNS (criminal intimidation), imprisonment can extend up to two years, or fine, or both. Defamation under Section 108 BNS attracts simple imprisonment up to two years, or fine, or both. These offences are generally non-cognizable (police need court permission to arrest without warrant) and bailable. Most are compoundable — meaning the parties can settle and the case ends.
Jurisdiction — Where to File the Case
Jurisdiction in online speech cases can be tricky. The complaint can be filed at the police station where the victim resides, or where the comments were viewed. Under the Code of Criminal Procedure (now BNSS), territorial jurisdiction for cyber offences extends to where the electronic device used to post the comment is located, or where the impact is felt. For criminal cases, a Judicial Magistrate First Class (JMFC) in the victim's district will have jurisdiction. Choosing the right forum is critical — wrong jurisdiction can delay the case or lead to dismissal.
What if Police Refuse to File FIR?
Sometimes police say "it's just a comment, settle it." But if you're the victim, you have rights. Here's what to do:
- Approach the Superintendent of Police (SP) or Commissioner of Police under Section 173(4) BNSS — they can direct the SHO to register an FIR.
- File a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- As a last resort, file a writ petition before the High Court under Article 226 for a direction to register the FIR.
- Document everything: the refusal in writing, the reason given, and the officer's name.
Police reluctance does not mean the complaint dies. You can force the mechanism.
Rights of the Accused
If you are the one being accused, these rights protect you:
- Right to remain silent — You cannot be compelled to be a witness against yourself (Article 20(3) of the Constitution).
- Right to legal representation — You can have a lawyer present during questioning (Article 22).
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to bail — For bailable offences, bail is a matter of right; for non-bailable, it's at the court's discretion.
Never speak to the police without a lawyer present. That's non-negotiable.
Bail Provisions
Most offences related to abusive comments online are bailable. Under Section 480 BNSS (bailable offences), the accused can be released on bail by the police itself on executing a bond. For non-bailable offences like criminal intimidation with threats, you may need to apply for regular bail before the Magistrate under Section 483 BNSS. Anticipatory bail under Section 482 BNSS is available if you suspect arrest. Bail strategy in such cases often involves showing no criminal antecedents, offering to compromise, and presenting evidence that no threat of harm was made.
Quashing of FIR / Case
If the FIR is false, exaggerated, or based on a misunderstanding, quashing is a strong option. The High Court has inherent powers under Section 528 BNSS to quash an FIR if no prima facie offence is made out. For example, if the comments were simply rude but not threatening or defamatory, quashing may succeed. Another ground is if the matter has been amicably settled between parties for a compoundable offence. Quashing is not automatic — the court evaluates whether continuing the proceeding would be an abuse of process. This is a strategic decision your lawyer can advise on after reviewing the FIR.
If You Are the Victim
If someone has abused or threatened you online, here's what you should do:
- Take screenshots immediately — including the comment, your reply, and the post context.
- Do not delete or edit your own comments — preserve the full thread.
- Block and report the user to Instagram as harassment.
- File a written complaint at the local police station — provide all evidence.
- If the police refuse, approach the Magistrate with a private complaint.
You have the right to feel safe. The law is on your side if you act swiftly.
Documents You Must Keep Ready
- Screenshots of the abusive comments with timestamps and usernames.
- Copies of any replies or DMs exchanged.
- Identity proof (Aadhaar, PAN) for both parties if known.
- A written chronology of events — what was said, when, and where.
- Bank statements or proof of any extortion if demanded.
- Any police complaint acknowledgment (if filed).
- Witness names or screenshots of others who saw the comments.
What Evidence Is Required?
- Primary evidence: Screenshots — these are electronic records and admissible under the Evidence Act (now BSA, 2023).
- Device evidence: The phone or computer used to view/post the comments — can be seized for forensic analysis.
- IP logs: Instagram can provide IP address data through a court order.
- CCTV footage: If the incident involved offline follow-up or threats.
- Witness testimony: Others who saw the comments and can testify.
- Certificate under Section 79B of the BSA: For electronic evidence to be admissible, a certificate from the person who captured the screenshot may be required.
How the Police Behave in Such Cases
Police response to online abusive comments can vary widely. In metro cities like Pune, cyber cells are more proactive. They will record your statement, take screenshots as evidence, and issue a notice to the accused. In smaller towns, police may dismiss it as "just internet drama." Persistence is key. If the officer is dismissive, ask for a written reason for not registering the FIR. That document becomes your stepping stone to a Magistrate's complaint. Generally, police treat online harassment seriously only when threats are involved. Simple cuss words often result in a warning or a compromise effort first.
Timeline of Legal Process
- FIR registration: Same day or within 24-48 hours if complaint is clear.
- Police investigation: Typically 30-90 days. Includes collecting screenshots, sending notice to accused, recording statements.
- Chargesheet filing: Within 60-90 days from FIR if enough evidence exists.
- Cognizance by Magistrate: About 1-3 months after chargesheet.
- Framing of charges: Another 1-3 months.
- Trial: Can take 6 months to 2 years depending on court backlog and complexity.
- Judgment: After trial concludes — another 3-6 months typically.
- Appeal: If convicted, an appeal to Sessions Court takes another 6-12 months.
Most cases of this nature are resolved faster if both parties agree to mediation or Lok Adalat — often within 3-6 months.
How Long Will the Investigation Take?
Police investigation for abusive online comments is usually quick — 30 to 60 days maximum. The cyber cell may take longer if IP tracing or forensic extraction is needed. If the accused is cooperative and the evidence is clear (screenshots exist), the investigation can wrap up in under a month. The chargesheet must be filed within 60 days for minor offences, or the accused may seek default bail.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes — and it's often encouraged. For offences that are compoundable (like insult or defamation without threats), the parties can enter into a compromise. The court records the settlement and acquits the accused. If the matter is already pending, Section 89 CPC (civil) or the Lok Adalat mechanism applies. For criminal cases, the court may refer it to mediation. Settlement is advisable when both parties want to move on. It saves time, money, and mental peace. But never agree to a settlement without your lawyer reviewing the terms — you don't want to admit guilt inadvertently.
Common Mistakes People Make
- Posting without thinking: Online comments are permanent. Even deleted comments can be retrieved through forensic tools.
- Engaging the other party directly: Arguing further only adds more evidence against you.
- Deleting evidence: Deleting your comments after a complaint can be treated as destruction of evidence — a separate offence.
- Ignoring the police notice: Skipping a police summons leads to arrest warrant. Always respond through a lawyer.
- Engaging a lawyer without domain experience: This is a specialised area involving cyber law, BNS, and BNSS procedural nuances. A lawyer who doesn't handle such cases regularly may miss critical arguments around jurisdiction, electronic evidence admissibility, or compoundability — weakening your position.
- Making the same mistake again: Posting about the case or the other person on social media while proceedings are ongoing can escalate the matter.
FAQs People Normally Have
Will I get arrested for a single abusive comment?
Unlikely for a first-time offensive comment without threats. Police usually issue a notice or summon you. Arrest happens only if the comment includes criminal intimidation or threats to person or property.
Can the case be filed from another city?
Yes. Jurisdiction for cyber offences is flexible — the victim can file at their local police station or where the comment was viewed. You may be summoned to a different city.
Can I delete the comments after a complaint?
Do not do that. Deleting evidence once an investigation has started can lead to additional charges of destruction of evidence. Let the police take custody of your device instead.
What if the person is lying about the comments?
You have the right to defend. Present your own screenshots of the conversation. If the allegations are false, quashing the FIR is a viable path. But you need solid evidence to prove fabrication.
Is it worth hiring a lawyer for such a small case?
Absolutely. A lawyer can often get the case resolved at the mediation stage itself — avoiding court appearances, cost, and a criminal record. Without a lawyer, you risk being convicted for failing to follow procedures.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.