Bengaluru Police have registered cases against two individuals for making caste-based and community-insulting remarks, invoking provisions of the Bharatiya Nyaya Sanhita, 2023—India’s new criminal code aimed at curbing social hatred and discrimination.
Background of the Bengaluru Case
Bengaluru Police have filed criminal cases against two people accused of making caste-based derogatory and community-insulting remarks. The action followed complaints alleging that the comments were discriminatory, offensive, and capable of disturbing public harmony.
The FIRs have been registered under relevant provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS)—the new law replacing the Indian Penal Code (IPC).
What Are Caste-Based Derogatory Remarks?
Caste-based derogatory remarks typically involve:
- Using insults or abusive language aimed at a person or group based on caste
- Statements that demean, humiliate, or stigmatize a community
- Speech that promotes hatred, discrimination, or social exclusion
Such remarks are serious offences because they:
- Violate the constitutional right to equality
- Undermine social harmony and dignity
- Reinforce discrimination and prejudice
Relevant Legal Provisions Under the Bharatiya Nyaya Sanhita
The following sections under the BNS are applicable in cases of caste-based or community-insulting remarks:
- Section 196 (Promoting enmity between different groups):
Punishes any person who, by words (spoken, written, or through electronic means), promotes disharmony or enmity between communities or castes. - Section 353 (Statements conducing to public mischief):
Deals with spreading rumours, false statements, or offensive speech that can cause public disorder or harm community relations. - Section 354 (Intentional insult with intent to provoke breach of peace):
Applies when words or gestures are used intentionally to provoke anger or disrupt public peace. - Section 111 (Acts endangering the sovereignty, unity, and integrity of India):
Invoked if the speech promotes hatred against any section of citizens and threatens national integration.
Additionally, caste-based derogatory remarks may attract provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, particularly Sections 3(1)(r) and 3(1)(s), if the victim belongs to a Scheduled Caste or Scheduled Tribe.
Why Police Action Was Taken
The police initiated action to:
- Demonstrate zero tolerance toward caste-based insults and abuse
- Enforce laws protecting human dignity and equality
- Prevent communal or caste-based tensions
Authorities assessed the remarks as prima facie offensive and likely to provoke social unrest, prompting the filing of criminal cases.
Impact of the Case
This case underscores:
- Strong enforcement of hate-speech laws under the new BNS, 2023
- Legal accountability for discriminatory or caste-based remarks, including online posts
- Continued governmental commitment to curbing caste-based discrimination through criminal law
It reinforces that freedom of speech does not extend to hate speech or content that demeans communities.
FAQs: Caste-Based Remarks and Criminal Law
What offence was the accused booked for in Bengaluru?
They were booked for making caste-based and community-insulting remarks under Sections 196, 353, and 354 of the Bharatiya Nyaya Sanhita, 2023, which criminalize acts promoting enmity or intentional insult.
Is making caste-based remarks a criminal offence in India?
Yes. Derogatory or insulting remarks based on caste or community are criminal offences, especially if they promote hatred or disturb public peace.
Does freedom of speech protect such remarks?
No. Article 19(1)(a) of the Constitution guarantees free speech, but Article 19(2) allows reasonable restrictions. Hate speech and casteist remarks are not constitutionally protected.
Can online or social media comments lead to criminal cases?
Yes. Online caste-based comments, videos, or posts fall under the same BNS provisions and can result in FIRs and prosecution.
Conclusion
The Bengaluru case demonstrates India’s firm stance against caste-based hate speech under the Bharatiya Nyaya Sanhita, 2023. By filing criminal cases, authorities reaffirm that dignity, equality, and social harmony are fundamental and non-negotiable values under Indian law.
