The Supreme Court today has dismissed a batch of petitions seeking directions to curb hate speech, holding that the issue stems from weak implementation of existing laws rather than any legislative gap. A Bench of Justice Vikram Nath and Justice Sandeep Mehta observed that there is no vacuum in the legal framework governing hate speech and reiterated that courts cannot compel Parliament to create new criminal offences.

The Bench noted that the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a comprehensive procedural mechanism, noting that magistrates already enjoy wide supervisory powers, including under Section 156(3), which operates at the pre-cognisance stage. It also clarified that the requirement of prior sanction applies only at the stage of cognisance and not during preliminary directions for investigation. While declining to issue specific directions, the Court flagged the adverse impact of hate speech on the constitutional order and left it to the Union government to consider any necessary amendments.