International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Offensive Speech and Constitutional Safeguards: An Indian Legal Analysis

Author(s) Ms. Kanak Singh, Mr. Yatin Sharma
Country India
Abstract Freedom of speech and expression under Article 19(1)(a) of the Constitution of India is a fundamental right essential for the functioning of a democratic society. However, this freedom is not absolute and is subject to reasonable restrictions under Article 19(2), particularly in cases involving hate speech and offensive expression. In recent years, the rise of political polarization, social media platforms, and mass communication has intensified debates around the limits of permissible speech and the need to curb expressions that threaten public order, morality, and social harmony. This paper examines the legal and constitutional framework governing hate speech and offensive speech in India. It analyses statutory provisions such as Sections 196, 299, and 353 of the Bharatiya Nyaya Sanhita 2023, along with relevant constitutional principles. The study also explores landmark judicial pronouncements of the Supreme Court of India,
including Pravasi Bhalai Sangathan v. Union of India (AIR 2014) and Amish Devgan v. Union of India (AIR 2020), to understand how courts have attempted to balance free expression with societal interests. The paper argues that while regulation of hate speech is necessary to protect equality, dignity, and public order, vague definitions and inconsistent enforcement risk chilling legitimate speech and dissent. It concludes that a clear, narrowly tailored, and constitutionally consistent approach is required to address hate speech without undermining the democratic value of free expression. Strengthening judicial guidance and promoting responsible speech are essential to maintaining constitutional balance in a diverse society like India
Keywords Hate Speech, Freedom of Expression, Article 19(1)(a), Constitutional Limitations, India
Published In Volume 8, Issue 1, January-February 2026
Published On 2026-02-12
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E-ISSN 2582-2160
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