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Hate speech and hate crimes could soon attract up to three years in jail in Karnataka, with a new draft Bill proposing to make both offences non-bailable and non-cognisable. The move is aimed at curbing identity-based violence and targeted abuse across the state.
The Karnataka government has drafted the Karnataka Hate Speech and Hate Crimes (Prevention and Control) Bill, 2025, that aims to criminalise acts that incite hatred or cause harm based on identity markers such as religion, caste, gender, sexual orientation, language, disability, tribe, and others. The stated objective of the law is the “effective prevention and control” of hate speech and hate crimes and to protect the “constitutional values of autonomy, dignity, and equality”.
What counts as a hate crime?
The draft Bill defines a hate crime as any act that “harms or incites harm or promotes or propagates hatred” stemming from prejudice or intolerance against a person based on religion, race, caste or community, sex, gender, sexual orientation, place of birth, residence, language, disability, or tribe. Victims may be individuals or groups.
Punishment for hate crime
A person convicted of a hate crime “shall be punished with imprisonment for a term, which may extend to three years or fine up to Rs 5,000 or both.” The offence is non-cognisable and non-bailable, and will be triable by a first-class magistrate.
What constitutes hate speech?
The draft Bill says that a person makes a hate speech when they “intentionally publish, propagate, or advocate anything or communicate to one or more persons in a manner that could reasonably be construed to demonstrate a clear intention to harm or incite harm, or promote or propagate hatred.”
This covers a wide range of communication, including verbal, written, visual, and electronic forms. The offence applies whether the content is shared publicly or directed at a specific person, and whether it’s delivered through traditional means or online platforms.
Even “making such content accessible by any member of the public” or directing it at a specific individual is enough to attract liability. Hate speech may also include visual representations, illustrations, or references.
Digital platforms made accountable
One of the key features of the draft Bill is bringing electronic communications under its purview. It brings intermediaries such as social media platforms, search engines, online marketplaces, telecom providers, and internet service providers within its scope. If an intermediary “knowingly or unknowingly” allows hate content to be hosted or disseminated on its platform, it may be punished with imprisonment up to three years and a fine.
Aiding, abetting, and funding offences also punishable
The draft Bill also proposes punishment for those who assist in the commission of hate crimes or hate speech. It states that one who “aids, abets, or otherwise gives that other person any assistance for such offence” may face up to three years of imprisonment and a fine. This includes offering a platform for hate speech or providing financial support that directly or indirectly contribute to the offence.
To enable preventive action, the draft Bill grants certain powers to district magistrates and other competent authorities.
If a district magistrate has reason to believe there is a likelihood of breach of peace or discord between communities, they may issue a written order prohibiting any act that might “cause apprehension in the minds of another community, caste, or group”. Authorities may also regulate or ban public assemblies, processions, or the use of loudspeakers if such events are likely to provoke offences under the law. These orders can remain in force for up to 30 days and may be extended by the state government for another 60 days.
The draft Bill introduces a “victim impact statement,” which allows a victim or an authorised representative to submit a sworn account of the harm caused by the offence, be it physical, psychological, economic, or social. Courts are required to take this statement into account during sentencing.
Exemptions
The draft Bill exempts certain forms of expression from punishment. Bona fide artistic creativity, academic or scientific inquiry, fair and accurate reporting in public interest, and religious proselytisation, as long as they do not advocate hatred or incite harm, are not considered offences under the law.
The state government is tasked with promoting awareness about hate speech and hate crimes. This includes conducting public information campaigns, educating public officials, training investigators and prosecutors, and assisting individuals who want to file complaints. The government may also delegate these functions to commissions such as the State Human Rights Commission or the State Commission for Women.
The draft legislation protects government officials from legal proceedings for any act “done or intended to be done in good faith” under the law. It also empowers the state government to frame rules to operationalise the law, which must be laid before the state legislature for scrutiny.