The Odisha State Law Commission (OSLC) has submitted recommendations on the Odisha Hate Speech and Hate Crimes (Prevention) Act, 2026 to the government, proposing stringent punishments, including prison sentences of up to seven years, and classifying these offenses as cognizable and non-bailable offences.
The recommendation, which was submitted to the Home Office in February and announced on Wednesday, follows a spontaneous review by the committee to examine whether existing laws adequately address growing concerns about hate speech and societal disharmony, particularly in the context of digital communications and public discourse.
HT has reviewed the recommendations of the Law Commission.
Under the proposed law, anyone found guilty of a hate crime would face a prison sentence of no less than one year, extendable to five years, in addition to a fine of $10,000. In the event of repeat offences, the minimum prison sentence will rise to two years, and can be extended to seven years, with fines of up to two years. $50,000.
The offenses will be treated as cognizable and non-bailable offences, allowing police to arrest suspects without a warrant and requiring courts to consider more stringent bail conditions. Cases are heard before a first-class judicial judge, in accordance with the provisions of the draft law.
Courts will also be empowered to award compensation to victims based on the nature and seriousness of the harm caused by hate crimes.
The proposed law also adopts an expanded definition of hate speech, including spoken or written words, signs, visual representations, or electronic communications that incite hostility or hatred against individuals or groups. “Hate speech” is defined as any expression disseminated publicly with the intent to cause harm, disharmony, feelings of hatred or ill will against individuals or groups on grounds including religion, class, race, sex, language, disability or place of birth.
The definition explicitly includes communication via electronic means. It also states that a “hate crime” includes the promotion, dissemination or incitement of such speech, reflecting an attempt to criminalize coordinated or organized hate campaigns.
The recommendations also state that executive judges or police officers with 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 crimes. Such authorities can initiate proceedings to maintain peace and public order under provisions in line with the Bharatiya Nagarik Suraksha Sanhita, the country’s criminal procedure framework.
The project also allows law enforcement authorities to act on reliable intelligence before violence or unrest occurs.
One of the most important features of the proposed law is the creation of powers to remove or block hate speech content online. The appointed officer, who shall not be below the rank of Additional District Magistrate, will 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 expands criminal liability to include individuals, organizations and institutions.
If an organization commits a hate crime, anyone responsible for its operations at the time of the crime can be held accountable unless it is proven that the crime occurred without their knowledge or despite the exercise of due diligence. Publications, artistic works or academic materials will not be penalized if they are proven to be in the interest of science, literature, art or the public interest, or if they are used for bona fide religious or heritage purposes.
State Law Commission Chairman Biswanath Rath said the process was initiated after studying judicial and political developments related to regulating hate speech across the country.
“The committee studied landmark court rulings, including the Supreme Court ruling emphasizing the need for stronger regulatory mechanisms against hate speech, as well as national-level legal reform recommendations that address similar concerns. The committee also reviewed the provisions in the Bharatiya Nyaya Sanhita, including sections dealing with promotion of hostility and public harm,” Rath said.
“In addition, we took into account legislative efforts by other Indian states, including Karnataka, which has proposed its own Hate Speech and Hate Crimes Bill in 2025,” he added.
State Law Minister Prithwiraj Harichandan said that the state government will go through the recommendations of the Legal Commission for the Hate Crimes Act and will issue it soon. “Social media has unfortunately become a platform where many people behave in a very inappropriate manner. Everyone should show respect to others. Since social media is an open platform, people of all ages can see what is written there. Some people show vulgar and uncivilized thinking by using offensive language against individuals, political parties, fraternities or professionals. If proper regulations are not implemented, this will become a serious problem. This is actually a kind of mental illness, and such behavior requires proper treatment.”
