Introduction
Freedom of speech is perhaps the most significant right in a democratic nation such as India. This is right, though, is not absolute. Once free speech becomes hate speech, crossing over to the other side, the law comes into action. With the Bharatiya Nyaya Sanhita (BNS) taking the place of the antiquated IPC, the legal system to counter hate speech has been revised. Section 197 of the BNS directly addresses words or acts tending to promote enmity or injury to social harmony. But how do we determine what constitutes free speech and what constitutes hate speech? Intent and impact are the answers.
What Does BNS 197 Say About Hate Speech?
Section 197 of the Bharatiya Nyaya Sanhita deals with actions that tend to generate hatred between groups on grounds of religion, caste, language, or race. It criminalizes the use of words, oral, written, or published on the internet, that are likely to cause disturbance to peace or stimulate violence. All these can be speeches, social media postings, even graphics. If a person posts something attacking a particular religion with the aim of causing hatred, it will be punishable under BNS 197. The law keeps evil expressions from hiding behind the veil of free speech.
How BNS 197 Distinguishes Free from Hate Speech
Free speech entitles every citizen to express views, criticize policy, and argue issues. Hate speech consists of language that disseminates hostility or violence against a group or person. The distinction lies in intent. If your remark promotes discrimination or instills fear, it enters the realm of hate speech. For instance, voicing a disagreement with a policy is protected speech. Voicing the statement “People of this group should be attacked” is hate speech and an offence under BNS 197. This balance guarantees freedom without sacrificing public order.
Why Controlling Hate Speech Is Important
Unchecked hate speech can result in severe consequences, including violence and social unrest. India is a multicultural society, and unity is based on respect for all communities. BNS 197 is meant to avoid conflicts before they can escalate. It acknowledges that words can be powerful and cause actual harm. This law extends to online platforms too, where hate content goes viral. Penalizing hate speech, the law is an effort to make both offline and online spaces secure.
Punishment Under BNS 197
The penalty for hate speech under Section 197 varies based on the nature of the offense. A convicted person under this section may be imprisoned, fined, or both. The court can also impose harsher punishment if the speech results in major outcomes such as communal violence. This is a strong deterrent against abuse of speech to cause harm or instigate unrest.
How to Use Free Speech Responsibly
To remain lawful, offer opinions respectfully and use no language that attacks religion, caste, or community. Posts online can be evidence forever, so be careful before posting. You may criticize constructively, but you cannot attack personally or threaten. Responsible communication helps you exercise free speech without facing legal consequences.
Conclusion
Free speech is essential in a democracy, but hate speech poses a risk to peace and security. BNS 197 makes the distinction by criminalizing words that incite enmity or violence. It keeps speech free but accountable. Wise use of words and respecting diversity is the best way to enjoy your rights without hurting others or disobeying the law
