Odisha set to introduce hate speech law with jail term up to 7 years

Proposed Odisha Hate Speech and Hate Crime Act, 2026 aims to curb rising communal violence, with stringent penalties and coverage of both offline and digital spaces

Amid rising incidents of riots, mob violence and inflammatory content on social media, the Odisha government is all set to introduce a new legislation — Odisha Hate Speech and Hate Crime (Prevention) Act, 2026. The proposed law seeks to criminalise hate speech, organised hate campaigns and targeted incitement in both physical and digital spaces.

 

If enacted, Odisha would be the third state after Karnataka and Telangana to move towards a dedicated law aimed specifically at hate speech and hate crimes. While the Bill introduced by the Karnataka government has been reserved by the Governor for the President's assent, a similar Bill in Telangana has been sent to a select committee for detailed examination after deliberation in the Assembly.

 

 

Official sources said the Odisha State Law Commission, headed by Justice Biswanath Rath, former judge of the Orissa High Court, constituted to identify and repeal obsolete laws, modernise state legislation and ensure legal reforms, has already submitted its recommendations on the proposed Odisha Hate Speech and Hate Crime (Prevention) Act, 2026.

 

After taking up a suo motu examination on the need for a dedicated hate speech law, the Law Commission observed that while existing criminal laws punish certain offences, they do not provide a comprehensive mechanism to address coordinated hate campaigns, digital misinformation, online radicalisation and preventive intervention before violence breaks out.

 

The law body then prepared a draft Bill and formally recommended enactment of the proposed legislation to the Home Department. As per the recommendations, hate speech and hate crime in the state would mean any expression that is made, published or circulated, in words either spoken or written, or by signs or by visible representations or through electronic communication or otherwise, in public view, with an intention to cause injury, disharmony or feelings of enmity or hatred or ill will against a person alive or dead, class or group of persons or community, to meet any prejudicial interest.

 

The draft Bill identifies prejudice based on religion, race, caste, community, sex, gender, sexual orientation, place of birth, residence, language, disability and tribe. It makes the proposed law wider in scope than many traditional communal harmony provisions that focused mainly on religion or caste.

 

"This means speeches at rallies, provocative pamphlets, posters, social media posts, viral videos, digital messages and coordinated online campaigns could all come under scrutiny if found intended to incite hatred. In effect, not only creators of hateful content but also those organising, funding or amplifying such campaigns may also face action," sources said.

 

The Odisha State Law Commission has recommended stringent punishment. For a first offence, the accused may face imprisonment of not less than one year and up to five years, along with a fine of Rs 10,000. The punishment has been proposed at not less than two years and up to seven years’ imprisonment, along with a fine of Rs 50,000 for repeat or subsequent offences.

 

Courts would also have the power to award compensation to victims depending on the gravity and impact of the offence. The offences under the proposed law would be cognisable and non-bailable, allowing police to register a case and arrest without a warrant, while bail would require court approval. The cases would be tried by a Judicial Magistrate First Class.

 

"It has been recommended that anybody — be it a common man, public servant, social media influencer, mediaperson or an elected representative or any organisation whosoever is found inciting hatred or violating the provisions of the proposed Act in public or private places will be liable for punishment," Justice Rath told Business Standard.

 

The draft, however, provides exemptions for content published in good faith in the interest of science, literature, art, learning or matters of public concern. Courts would also have the power to award victims compensation based on the offence's gravity and impact.

 

The move comes against the backdrop of increasing law and order concerns over communal disturbances in the state over the last two years. According to disclosures in the Assembly recently, Odisha recorded 54 communal riot incidents and seven mob lynching cases between June 2024 and February 2026. During the same period, police arrested 298 persons in riot cases and 61 persons in lynching incidents.

 

A white paper tabled by the Home Department in the Assembly last month mentioned that Odisha reported 122 incidents of communal disorder in 2025, including 106 involving Hindu-Muslim groups and 16 involving Hindu-Christian communities. There were 84 incidents of disorder involving Hindus, Muslims and Christians in 2024.

 

While the Law Commission of Odisha recommends up to seven years of jail terms and a Rs 50,000 fine for repeat offences, both Karnataka and Telangana have proposed strict punishment for hate speech, including one to seven years in prison and a Rs 50,000 fine for first offences and two to 10 years in prison and a Rs 1 lakh fine for repeat or subsequent offences.

 

"The draft legislation prepared as per the recommendations of the Odisha Law Commission is likely to be placed before the state Cabinet soon. Once approved, it is expected to be introduced in the Assembly for debate and discussion. After it is passed in the House, it may require Presidential assent to become an Act," said an official of the Law Department.