Is hate speech on social media punishable under Bihar law if posted from Patna?
SW Asked by Swati Kulkarni from India
Quick Answer
Hate speech propagated through social media from Patna is punishable under the Bihar Rent Control Act 2017 read with applicable provisions of the Bharatiya Nyaya Sanhita and the Information Technology Act.
Detailed Legal Analysis
Hate speech propagated through social media from Patna is punishable under the Bihar Rent Control Act 2017 read with applicable provisions of the Bharatiya Nyaya Sanhita and the Information Technology Act. The Patna High Court has consistently held that incitement of enmity between communities through online posts attracts both criminal liability and, where organized, action under specialized state enactments.
The Bihar Rent Control Act 2017 may empower the Patna district magistrate to issue takedown directions and order preventive detention in aggravated cases. Victims can file a complaint with the Patna police cyber cell, which is duty-bound to register an FIR and investigate.
The Patna High Court has stressed that inaction by police in hate speech matters itself invites judicial scrutiny. Bail in such cases is assessed on whether the speech created actual public disorder in Patna.
Repeat offenders may face enhanced penalties under the Bihar Rent Control Act 2017.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.