Odisha law commission proposes up to 7-year jail for repeat hate speech

THe Odisha tell jurisprudence direction (OSLC) has submitted recommendations for the Odisha detest language and Hate Crimes (Prevention) Act, 2026 to the government, proposing stringent penalties, including jail terms of up to seven years, and classifying such offences as cognisable and non-bailable.The recommendation, which was submitted to the Home department in February and made public on Wednesday, follows a suo motu review by the commission examining whether existing laws adequately address rising concerns over hate speech and communal disharmony, particularly in the context of digital communications and public discourse.HT has reviewed the recommendations of the law commission.As per the proposed law, anyone found guilty of committing a hate crime would face imprisonment of not less than one year, extendable to five years, along with a fine of ₹10,000. For repeat offences, the minimum jail term would rise to two years, extendable to seven years, with fines reaching up to ₹50,000.The offences would be treated as cognizable and non-bailable, allowing police to arrest suspects without a warrant and requiring courts to consider stricter conditions for bail. Cases would be tried by a Judicial Magistrate First Class, according to the draft provisions.Courts would also be empowered to award compensation to victims based on the nature and gravity of harm caused by hate crimes.The proposed law also adopts an expansive definition of hate speech, covering spoken or written words, signs, visible representations, or electronic communications that incite hostility or hatred against individuals or groups. “Hate speech” is defined as any expression made publicly with the intention of causing injury, disharmony, or feelings of hatred or ill will against individuals or groups on grounds including religion, caste, race, gender, language, disability, or place of birth.The definition explicitly includes communication through electronic means. It also states that “hate crime” includes promoting, propagating, or abetting such speech, reflecting an effort to criminalise coordinated or organised hate campaigns.The recommendations also say that executive magistrates or police officers of the rank of Deputy Superintendent or above would be empowered to take preventive measures if they believe an individual or group is likely to commit hate-related offences. Such authorities could initiate proceedings to maintain peace and public order under provisions aligned with Bharatiya Nagarik Suraksha Sanhita, the country’s criminal procedure framework.The draft also allows law enforcement to act based on credible intelligence before violence or unrest occurs.One of the most significant features of the proposed law is the creation of powers to remove or block hate speech content online. A designated officer, not below the rank of Additional District Magistrate, would have the authority to direct service providers, intermediaries, and digital platforms to block or remove material deemed to constitute hate crime content.The proposed law extends criminal liability beyond individuals to organisations and institutions.If a hate crime is committed by an organisation, every person responsible for its operations at the time of the offence could be held accountable unless they prove the offence occurred without their knowledge or despite due diligence. Publications, artworks, or academic materials would not be penalised if proven to be in the interest of science, literature, art, or the general public good, or if used for bona fide religious or heritage purposes.State law commission chairman Biswanath Rath said the process was initiated after examining judicial and policy developments related to hate speech regulation across the country.“The commission studied landmark court rulings, including a Supreme Court judgment emphasizing the need for stronger regulatory mechanisms against hate speech, as well as national-level legal reform recommendations addressing similar concerns. The commission also reviewed provisions under the Bharatiya Nyaya Sanhita, including sections addressing promotion of enmity and public mischief,” Rath said.“Additionally, we considered legislative efforts by other Indian states, including Karnataka, which proposed its own hate speech and hate crimes Bill in 2025,” he added.State law minister Prithwiraj Harichandan said the state government would go through the recommendations of the Law Commission for a hate crime Act and enact it soon. “Social media has unfortunately become a platform where many people behave in an extremely indecent manner. Everyone must show respect to others. Since social media is an open platform, people of all ages can see what is written there. Some people display vulgar and uncivilized thinking by using abusive language against individuals, political parties, fraternities, or professionals. If proper regulations are not enforced, this will become a serious problem. This is actually a kind of mental illness, and such behavior requires proper treatment,” he said.