MHA Expert Committee suggests provisions in IPC, CrPC to deal with Hate Speech

An Expert Committee constituted by Ministry of Home Affairs has submitted an interim report to the government in which some major amendments to the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) have been recommended..These provisions seek to criminalise communication, including communication through online medium..Indian Penal Code.It is learnt that the Committee has suggested insertion of two provisions in the Indian Penal Code. The provisions bring within its ambit communication through any means, including telecommunication service or computer resource..One provision relates to incitement of hatred. It brings within its ambit grave threat on grounds of religion, race, caste, sex, gender identity, sexual orientation etc., to any person or group of persons with the intention to cause fear of injury or alarm. This provision also covers hate speech against any person or group of persons that causes or is likely to cause incitement to commit an offence..The committee has recommended a punishment of upto two years imprisonment and/ or Rs. 5000 fine for the offence..Another provision which has been recommended by the Committee deals with communication, on the grounds of religion, race, caste, sex, gender identity, sexual orientation etc. which is highly disparaging, indecent, abusive or offensive with the intention to cause fear of injury or alarm. It also criminalises content which is gravely threatening or derogatory with the intent to provoke use of violence..The punishment recommended for this offence is imprisonment upto one year and fine of upto Rs. 5,000..Code of Criminal Procedure.Another significant suggestion is regarding appointment of a State Cyber Crime Co-ordinator for each State. The State Cyber Crime Co-ordinators, along with District Cyber Crime Cells, will recommend best practices and procedures to be adopted to deal with the cases mentioned above..The recommendations to deal with such cases come after Section 66A of the Information Technology Act was struck down by the Supreme Court in 2015..Click here to download the Bar & Bench Android App