Before filing a complaint against a hate message or speech it is
important to understand what amounts to a hate speech?
According to 267th report of law commission of India, hate
speech is stated as “ an incitement to hatred primarily against
a group of persons defined in terms of race, ethnicity,
gender, sexual orientation, religious belief and the like.” In
other words, it means that hate speech is “ any word written or
spoken, signs, visible representations within the hearing or sight
of a person with the to cause, hatred or incitement to violence.”
Now where to file a complaint against any type hate speech or
message circulating in Whats-app or any other social media? For
this, you can file an FIR under section 154 of the Code of
Criminal Procedure by registering complaint with a local police
station. In scenario if police refuses to file FIR, then you can
obtain an order from a local Magistrate for registration of FIR
under section 156(3) of Crpc.
What are punishments?
Different provisions in our legal system deals with issue of hate
speeches or messages which bring about hate, incitement or
disharmony among various sects, caste, class or religions of
society. These are:
• Section 153A and 153B of Indian Penal Code, 1860 makes
an act punishable if that act incites or promotes disharmony
or feeling of enmity or hatred between different religious or
racial or linguistic or regional groups or castes or
communities.
The punishment provided under these provisions shall be
an imprisonment which may extent to three years, or fine or
with both.
• Section 295A of Indian Penal Code, 1860 provides
punishment for any act done by anyone with deliberate and
malicious intention to outrage the religious feelings of any
class of citizens, insults or attempts to insult the religion or
religious belief of that class of citizen. However, it is
important to note that this section is restricted to the feeling
of Indian citizens, though offender may be citizen or non-citizen.
The punishment provided under this provision shall be
imprisonment which may be extended to three years or
with fine or with both.
• Section 298 of Indian Penal Code, 1860 provides
punishment for an act committed with the deliberate and
malicious intention of hurting the religious feeling of any
person.
The punishment under this provision shall be imprisonment
of either description for a term which may extend to one
year or with fine or with both.
• Section 505(1) and 505(2) of Indian Penal Code, 1860 does
the making, publishing or circulating of any statement or
rumor any offence, which may or likely to incite any class
or group of persons to commit any offence against other
class or group of persons, or promotes or likely to promote
feeling of enmity, hatred or ill will between different
religious, racial, language or regional groups or castes or
communities.
The punishment provided under these provisions shall be
imprisonment which may extent to three years, or with fine
or with both.