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: Yes, a person can file an FIR (First Information Report) against you for using abusive words in an Instagram comment, but it's not straightforward. Most such complaints are treated as non-cognizable offences, meaning police can't arrest without a magistrate's order. In practice, with overburdened cyber cells, serious action is rare for two abusive words unless there's a pattern or threat. A consultation with a domain-experienced lawyer can clarify risks and next steps.
Now, a young professional from Pune—let's call him Rohan Gupta—approached the Chamber of Advocate Sudhir Rao. He'd had a heated exchange on Instagram under a reel about the Sonam Wangchuk case. In his frustration, Rohan typed "madarchod" and "bhawda" to another user. That user threatened to file a complaint with the Cyber Cell. Worried about an FIR, Rohan had already sought advice online but was confused. The general practitioners he initially consulted gave vague answers, suggesting he'd hear nothing or face a minor penalty years down the line. But nothing was certain.
When Rohan approached the office of Advocate Sudhir Rao, the team quickly assessed the situation. The key issue wasn't about whether Rohan had used the words—he had—but about the legal categorization and the police's willingness to act. Advocate Sudhir Rao and his office argued that without a direct threat or context of criminal intimidation, such a comment was at best a non-cognizable offence. They prepared a response strategy, including drafting a legal notice to the complainant and advising Rohan to delete the comment immediately. The specialized handling—focusing on procedural avenues under the Bharatiya Nagarik Suraksha Sanhita and the evidentiary burden—helped secure a favorable outcome. The police, after being approached, saw no prima facie case for immediate arrest, and the matter fizzled out.
Key Facts of the Case
- The comment was made on Instagram, a public platform, using words like "madarchod" and "bhawda."
- The complaint was filed online with the Cyber Cell of the local police in Pune.
- No direct threat, stalking, or pattern of harassment was alleged—just two abusive words.
- The police treated the complaint as a non-cognizable offence under relevant BNS sections.
- Earlier advice from general lawyers suggested waiting, but no steps were taken to counter the complaint.
- The client, Rohan Gupta, deleted the comment immediately upon consulting the Chamber of Advocate Sudhir Rao.
- Rohan had no prior criminal record. The complainant had no evidence of additional harm or financial loss.
The Direct Legal Answer
Can someone file an FIR against me for two abusive words in an Instagram comment?
Yes, someone can file an FIR. But whether it leads to police action is a different matter. The police are not required to register an FIR for every complaint. Under Section 173(1) of the BNSS, if the information relates to a non-cognizable offence, the police must refer the complainant to a magistrate. In practice, abusive words alone, without threats or intimidation, are often treated as non-cognizable. So an FIR might be registered as an NC (Non-Cognizable) report, not a formal FIR.
What is the worst that can happen?
Worst case? The complainant pushes for a private complaint before a magistrate. After a few years, if found guilty, you might face a fine—maybe Rs. 5,000 to Rs. 10,000—for a petty offence under insult provisions. No jail time for two words in most cases. But context matters. If the comment included threats, hate speech, or targeted harassment, the stakes rise.
Will the Cyber Cell actually act?
Unlikely for isolated abusive comments. Cyber cells in cities like Pune, Bengaluru, or Delhi are overwhelmed with fraud and financial crimes. They prioritize serious cases. A one-off insult on Instagram might not get immediate attention. But don't assume nothing happens—if the complainant is persistent, a magistrate might issue a summons.
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.
And here's the thing—matters involving online speech, cyber complaints, and nuanced criminal procedure require domain-specific experience. A general practitioner might miss key steps, like filing a pre-emptive reply or negotiating the classification of the offence. Engage a lawyer who handles cyber and criminal cases regularly.
Also, delete the comment instantly. Don't engage further with the complainant online. Save screenshots of the conversation, but avoid posting new comments. If you've received a notice or summons, don't ignore it—respond through your lawyer.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the relevant provisions include:
- Section 318 BNS (Criminal Intimidation) – if the words threatened harm.
- Section 352 BNS (Intentional insult with intent to provoke breach of peace) – most directly applicable to abusive words.
- Section 356 BNS (Defamation) – if the comment harms reputation, but social media insults rarely meet this threshold.
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
- Section 173 BNSS (Police's duty to register FIR – cognizable vs non-cognizable).
- Section 175(3) BNSS (Private complaint to magistrate if police refuse FIR).
Punishment and Penalties
- Section 352 BNS: Imprisonment up to 6 months, or fine up to Rs. 1,000, or both. Non-cognizable, bailable, compoundable.
- Section 356 BNS (Defamation): Imprisonment up to 2 years, or fine, or both. Non-cognizable, bailable, compoundable.
- Section 318 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. Cognizable, non-bailable, non-compoundable (rarely applied for mere abusive words).
- In practice, for isolated abusive words, the maximum penalty is a fine, not jail.
Jurisdiction — Where to File the Case
For online complaints, the Cyber Cell of the police station with territorial jurisdiction over the victim's location or the place where the comment was viewed can take action. The magistrate court in that jurisdiction handles private complaints and trials. Under Section 175 BNSS, if the police in Pune or your city refuse an FIR, the complainant can approach a magistrate. Jurisdiction matters because the police may be reluctant to act outside their area. Always confirm with a lawyer which station likely has jurisdiction.
What if Police Refuse to File FIR?
If the police treat the complaint as non-cognizable or refuse to register an FIR, the complainant can:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS to review the refusal.
- File a private complaint before a Judicial Magistrate under Section 175(3) BNSS.
- Alternatively, seek a High Court writ if there's clear abuse of process, though this is rare for minor comments.
For the person accused, this process is time-consuming for the complainant, often giving you breathing room. A lawyer can help you assess if the complaint has merit or is frivolous.
Rights of the Accused
- Right to remain silent: You are not required to confess. Anything you say can be used against you.
- Right to legal representation: Under Article 22 of the Constitution, you can have a lawyer present during questioning.
- Right to be produced before a magistrate: If arrested, you must be presented within 24 hours (Section 58 BNSS).
- Right to copy of FIR and grounds of arrest: You are entitled to a copy of the FIR and the reasons for your arrest.
- Right to bail: For non-cognizable offences, bail is a matter of right.
Bail Provisions
For Section 352 BNS (intentional insult), the offence is bailable. That means you can seek bail from the police or court without a lengthy hearing. But if charged under Section 318 BNS (criminal intimidation), it becomes non-bailable, requiring a bail application. Anticipatory bail under Section 482 BNSS is available if you fear arrest in connection with a non-bailable offence. For two abusive words, the risk of arrest is low, but consulting a lawyer early helps secure anticipatory bail if needed. Bail conditions typically include a bond and not tampering with evidence.
Quashing of FIR / Case
If an FIR is registered, you can approach the High Court under Section 528 BNSS (inherent powers) to quash it. Grounds include: no prima facie offence, abuse of process, or the matter being trivial. In your scenario, if the words don't meet the threshold for criminal intimidation or provocation, quashing is a viable strategy. The Supreme Court has held that petty matters should not burden the criminal justice system. Your lawyer can argue that a single comment is not "public order" material. This saves years of litigation.
How the Police Behave in Such Cases
Police in Indian cities treat online abuse complaints variably. In cyber cells, officers are trained to filter frivolous cases. They may initially dismiss it. But if a complainant is persistent—visiting the station, filing online repeatedly—they might issue a notice for appearance. You won't be arrested immediately. The police might call you for "inquiry" and ask for an undertaking not to repeat the act. Cooperation usually ends the matter. Aggressive behavior from you, though, can escalate it.
Timeline of Legal Process
- FIR registration: Within 24 hours of complaint if cognizable; may take days or be refused.
- Investigation: 30 to 60 days for a complaint, but for minor cases, it might lag for months.
- Charge sheet filing: If evidence exists, typically within 60-90 days.
- Cognizance by magistrate: After charge sheet or private complaint—usually 1-3 months.
- Framing of charges: In court, 3-6 months from cognizance.
- Trial: 6 months to 1 year, depending on workload.
- Appeal: If convicted, 3-6 months before the sessions court.
How Long Will the Investigation Take?
For non-cognizable offences, no formal police investigation occurs beyond a preliminary inquiry—often a few days. If the police elect to investigate, they must file a charge sheet or closure report within 90 days for non-cognizable matters. In practice, for two abusive words, the investigation is cursory and may be dropped quickly.
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, it's possible. For non-cognizable, compoundable offences like Section 352 BNS, you can compromise with the complainant. The court may accept a settlement and acquit you. Lok Adalat (pre-litigation or pending) is an efficient option—both parties agree, and the case ends. Mediation through an online or court-appointed mediator is also available. Settlement is advisable when the complainant is reasonable and you both want to avoid time in court. Ensure a lawyer drafts the compromise deed to avoid future disputes.
Common Mistakes People Make
- Engaging a lawyer without domain expertise: A general practitioner may not know how cyber cells think or the nuances of BNS/BNSS in online speech matters. This can delay or weaken your case.
- Ignoring a notice or summons: If police or magistrate issue a notice, don't skip it. Defaulting can lead to a warrant.
- Engaging with the complainant further: Keep off social media. Responding escalates provocation.
- Deleting evidence: Don't delete your entire account—save screenshots of the conversation, but remove only the incriminating comment.
- Giving a statement to police without a lawyer: You might inadvertently admit to a different crime. Remain silent or say you'll consult a lawyer.
- Assuming nothing will happen: While rare, persistent complainants can get a case. Be proactive, not dismissive.
FAQs People Normally Have
Can I be arrested for using abusive words on Instagram?
Unlikely for two words. The police need a cognizable offence to arrest. Intentional insult under Section 352 BNS is non-cognizable, meaning no arrest without a magistrate's warrant. If criminal intimidation is alleged, the risk increases, but a judge must agree.
What if the complainant says I threatened him?
Context matters. If your words implied violence or harm, the police may treat it as Section 318 BNS. You'll need a lawyer to show no real threat existed. Save your conversation history to prove context.
Should I delete the comment?
Yes. Immediately. But take a screenshot first to preserve evidence of what was said. Deleting shows remorse and reduces provocation. Your lawyer can explain that deletion isn't destruction of evidence if you have a record.
Can the case be quashed?
Yes, via Section 528 BNSS before the High Court. If the abuse is trivial, you have no criminal record, and the complaint lacks substance, quashing is a strong option. Many High Courts have quashed cases for petty online insults.
Will this affect my employment or background checks?
A petty case that's quashed or acquitted likely won't show up on standard police verification. But if charges are framed, it may appear. Avoid conviction at trial—settle or get quashing early.
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 Delhi criminal defence lawyer — 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.