Hate Speech: The Offences

Seven offences that reach speech, the two that carry a heavier sentence inside a place of worship, and the statute that keeps politics out of a temple.

In the wording a student can write in an exam, taking the offences in turn.

Section 196(1) of the Bharatiya Nyaya Sanhita 2023 punishes whoever, by words spoken or written, signs, visible representations, electronic communication or otherwise, (a) promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; (b) commits any act prejudicial to the maintenance of harmony between such groups which disturbs or is likely to disturb the public tranquillity; or (c) organises or participates in any exercise, movement, drill or similar activity intending or knowing it likely that the participants will use or be trained to use criminal force or violence against such a group, where the activity causes or is likely to cause fear, alarm or a feeling of insecurity among its members; with imprisonment up to three years or fine or both. Section 196(2) raises it to five years and fine where the offence is committed in a place of worship or in an assembly engaged in religious worship or ceremonies.

Section 197(1) punishes, by the same means, (a) an imputation that any class of persons cannot, by reason of being members of a religious, racial, language or regional group, caste or community, bear true faith and allegiance to the Constitution or uphold the sovereignty and integrity of India; (b) an assertion that any such class shall be denied or deprived of their rights as citizens; and (c) an assertion, counsel, plea or appeal concerning the obligations of such a class which causes or is likely to cause disharmony or enmity or hatred or is prejudicial to the sovereignty, unity, integrity or security of India; with three years or fine or both, rising to five years and fine in a place of worship under section 197(2).

Section 299 punishes whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens, insults or attempts to insult that class's religion or religious beliefs, with three years or fine or both. Section 300 punishes voluntarily disturbing an assembly lawfully engaged in religious worship or ceremonies, with one year or fine or both. Section 301 punishes trespass in a place of worship, a place of sepulchre or a place set apart for funeral rites, or offering indignity to a human corpse, or disturbing persons assembled for funeral ceremonies, done with intent to wound feelings or insult religion or with knowledge that it is likely, with one year or fine or both. Section 302 punishes uttering a word, making a sound in a person's hearing, making a gesture in his sight or placing an object in his sight, with the deliberate intention of wounding his religious feelings, with one year or fine or both.