Court Finds Accused's Speech Promoted Hatred, Affirms No Prior Sanction Needed for Prosecution
In a significant ruling, the Madras High Court upheld the cognizance taken by the lower court in a hate speech case against Minister K. Ponmudi, dismissing the revision petition filed by the accused. The case stemmed from a complaint alleging that Ponmudi delivered a speech that promoted hatred and ill will towards the Hindu religion during a party event, which was later disseminated on social media.
The High Court, presided by Justice G.K. Ilanthiraiyan, found that the speech, although initially delivered in a closed setting, was subsequently circulated widely, fulfilling the criteria for offenses under Sections 196(i)(a), 299, and 302 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The judgment emphasized the deliberate and malicious intent behind the speech to outrage religious sentiments, thereby upholding the trial court's decision to issue summons to the accused.
The court also addressed the issue of prior sanction under Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), clarifying that such sanction was not mandatory since the High Court had already taken suo motu cognizance of the matter. The decision indicates a broader interpretation of hate speech laws, emphasizing content, intent, and harm-based elements.
The ruling has sparked discussions on the responsibilities of public figures in maintaining communal harmony, especially when holding significant governmental positions. The trial is set to proceed, with the High Court directing its completion within six months.
Bottom line:-
Hate speech targeting a religion can attract offences under Sections 196(i)(a), 299, and 302 of the Bharatiya Nyaya Sanhita, 2023 (BNS), if it promotes hatred or outrages religious feelings, even when delivered in closed premises but subsequently circulated via social media.
Statutory provision(s): Sections 196(i)(a), 299, and 302 of the Bharatiya Nyaya Sanhita, 2023; Section 217 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
K. Ponmudi v. Uma Anandan, (Madras) : Law Finder Doc id # 2933842
