Understanding Verbal Harassment Laws in India: Is It a Criminal Offence?

Verbal harassment is often underestimated in Indian society. Many people believe that unless there is physical violence, abusive words do not amount to a serious legal issue. However, modern Indian criminal law recognises that words can deeply wound dignity, mental peace, reputation, and a person’s sense of safety. Insults, threats, humiliating remarks, and abusive language can cause lasting psychological harm and disturb public order.

With the enforcement of India’s new criminal laws in July 2024, verbal harassment continues to be punishable primarily under the Bharatiya Nyaya Sanhita, 2023 (BNS), which has replaced the Indian Penal Code, 1860 (IPC). While the law does not define “verbal harassment” as a single standalone offence, multiple provisions criminalise abusive, threatening, obscene, and dignity-violating speech.

Whether verbal harassment becomes a criminal offence depends on its nature, intention, context, location, and impact. This guide explains in detail how Indian law treats verbal harassment, when it becomes punishable, and what remedies are available to victims.

Also Read: Section 354 IPC: A Comprehensive Guide to Combating Physical Harassment

Meaning and Scope of Verbal Harassment

Verbal harassment refers to the use of spoken words, sounds, expressions, or gestures intended to insult, intimidate, humiliate, threaten, or mentally distress another person. It may occur as a single incident or as repeated behaviour and can take place in various environments such as:

1. Public places

2. Private interactions

3. Workplaces

4. Domestic settings

5. Educational institutions

6. Online and digital platforms

Verbal harassment is not the same as ordinary disagreement, criticism, or casual rudeness. It goes beyond momentary anger or social friction and usually involves an abuse of power, dominance, or intent to harm another person emotionally or psychologically.

Common forms of verbal harassment include:

1. Persistent insults or name-calling

2. Threats to life, safety, reputation, or property

3. Sexually inappropriate or lewd remarks

4. Public humiliation or ridicule

5. Caste-based, gender-based, or identity-based abuse

6. Verbal intimidation meant to silence or control

Indian criminal law focuses not merely on the words spoken, but on their intent and consequences.

Also Read: How to Handle Harassment from Loan Recovery Agents: Know Your Legal Options

Is Verbal Harassment a Crime in India?

Yes, verbal harassment can be a criminal offence in India, but not every unpleasant or offensive remark attracts criminal liability.

Indian law draws a clear distinction between:

1. Socially undesirable or rude behaviour, and

2. Criminal conduct that violates dignity, safety, or public order

Under the Bharatiya Nyaya Sanhita, 2023, verbal harassment becomes punishable when it crosses legally recognised thresholds, such as:

1. Creating fear or alarm

2. Intentionally insulting dignity

3. Provoking violence or breach of peace

4. Using obscene or sexually explicit language in public

5. Threatening life, reputation, or property

6. Insulting the dignity or modesty of women

Thus, the criminality of verbal harassment depends on intent, setting, seriousness, and social impact.

Verbal Harassment Under the Bharatiya Nyaya Sanhita, 2023

Obscene Acts and Words in Public Places (Earlier Section 294 IPC)

The Bharatiya Nyaya Sanhita penalises obscene acts, songs, or words used in public places that cause annoyance to others.

Verbal harassment may fall under this provision when it involves:

1. Vulgar or sexually explicit language

2. Lewd comments spoken loudly in public

3. Obscene songs or verbal expressions

4. Conduct causing public annoyance

Key legal elements include:

1. Use of obscene words or expressions

2. Occurrence in a public place

3. Annoyance caused to others

The punishment may include simple imprisonment, fine, or both. The law does not criminalise all offensive speech, but targets obscenity that affects public morality and peace.

Criminal Intimidation – Sections 351 and 352, BNS

(Earlier Sections 503 and 506 IPC)

Criminal intimidation is one of the most serious forms of verbal harassment recognised under Indian law.

Section 351 defines criminal intimidation as threatening a person with injury to:

1. Life

2. Body

3. Reputation

4. Property

The threat must be intended to cause alarm or to compel the victim to do or avoid doing something.

Section 352 prescribes punishment depending on the gravity of the threat.

Verbal harassment becomes criminal intimidation when it includes:

1. Threats to kill or cause physical harm

2. Threats to defame or damage reputation

3. Threats intended to instil fear or force compliance

Even if the threat is purely verbal, criminal liability arises if intention and alarm are established. Actual harm need not occur.

Intentional Insult Intended to Provoke Breach of Peace – Section 356, BNS

(Earlier Section 504 IPC)

This provision criminalises intentional insults made with the knowledge that such conduct is likely to provoke violence or disturb public peace.

Verbal harassment falls under this section when:

1. Abusive or insulting words are used deliberately

2. The speaker knows such words may provoke retaliation

3. There is a real likelihood of violence or disturbance

The law focuses not on emotional hurt alone, but on the risk to social order. Mere harsh language is not enough; the insult must be intentional and provocative.

Public Nuisance – Section 270, BNS

(Earlier Section 268 IPC)

Public nuisance refers to acts or omissions that cause common annoyance, danger, or inconvenience to the public.

Verbal harassment may amount to public nuisance when it involves:

1. Repeated shouting or abusive speech in public areas

2. Disturbance to neighbourhood peace

3. Loud verbal abuse affecting public comfort

The emphasis is on community impact, not just personal offence.

Word, Gesture or Act Intended to Insult the Modesty of a Woman – Section 79, BNS

(Earlier Section 509 IPC)

This is a crucial provision protecting women from verbal harassment.

Any word, sound, gesture, or act intended to insult the modesty of a woman is punishable.

Courts have consistently interpreted “modesty” as encompassing:

1. Dignity

2. Self-respect

3. Bodily autonomy

4. Personal integrity

Verbal harassment under this section includes:

1. Sexual remarks

2. Lewd comments

3. Gender-based humiliation

4. Derogatory references to body or character

This provision applies irrespective of whether the act occurs in public or private.

Also Read: What to Do If Your Landlord Is Harassing You: A Complete Legal Guide for Tenants

Verbal Harassment Under Special Laws

Protection of Women from Domestic Violence Act, 2005

Indian law recognises that verbal abuse within domestic relationships can be as damaging as physical violence.

The Act explicitly includes verbal and emotional abuse within the definition of domestic violence. This includes:

1. Persistent insults

2. Humiliation

3. Ridicule

4. Verbal degradation

An aggrieved woman can seek civil remedies such as:

1. Protection orders

2. Residence orders

3. Monetary relief

The focus is on protection and rehabilitation rather than punishment alone.

Sexual Harassment of Women at Workplace Act, 2013

Verbal harassment at the workplace involving sexually coloured remarks or verbal conduct of sexual nature is prohibited.

Employers are legally obligated to:

1. Prevent harassment

2. Establish Internal Complaints Committees

3. Provide safe working environments

The law treats verbal harassment as a violation of equality, dignity, and fundamental workplace rights.

Also Read: Know About Sexual Harassment At Workplace

Verbal Harassment in the Digital Space

With increasing online communication, verbal harassment frequently occurs through:

1. Social media comments

2. Emails and messages

3. Online forums and chats

The Bharatiya Nyaya Sanhita applies irrespective of the medium. Additionally, the Information Technology Act, 2000 addresses:

1. Obscene electronic content

2. Offensive messages

3. Online intimidation

Digital verbal harassment often causes amplified harm due to anonymity, permanence, and wide reach.

Evidentiary Challenges in Verbal Harassment Cases

One of the biggest challenges in prosecuting verbal harassment is proof.

Courts rely on:

1. Witness testimony

2. Audio or video recordings

3. Electronic records

4. Context and surrounding circumstances

Indian courts follow a balanced approach, protecting victims while preventing misuse of criminal law.

Not Every Verbal Act Is a Crime

Indian criminal law consciously avoids criminalising:

1. Ordinary arguments

2. Emotional outbursts

3. Isolated rude remarks

Verbal conduct becomes criminal only when it:

1. Is deliberate and malicious

2. Causes fear or humiliation

3. Violates legally protected dignity

4. Disturbs public peace

This balance protects free expression while addressing genuine harm.

Procedural Support Under the New Criminal Laws

The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces several victim-friendly reforms, including:

1. Zero FIR, regardless of jurisdiction

2. Online complaint registration

3. Strengthened procedural safeguards

These measures improve access to justice for victims of verbal harassment.

Conclusion

Verbal harassment is not a trivial issue under Indian law. When it manifests as obscenity, intimidation, intentional insult, public nuisance, or dignity-based abuse, it is clearly punishable.

Under the Bharatiya Nyaya Sanhita, 2023, the protections earlier available under the IPC continue with clearer structure and improved procedural support. While not every unpleasant word invites criminal liability, verbal harassment that undermines dignity, creates fear, or disrupts social order is firmly recognised as a criminal offence.

Addressing verbal harassment through law is essential to protect mental safety, dignity, equality, and social harmony in modern India.