'Govt in process of comprehensive amendments in criminal laws,' MHA tells SC

In response to a PIL to make hate speech a separate punishable offence, the government said suggestions have been

The Centre has told the Supreme Court that it is in the process of considering comprehensive amendments in criminal laws taking into account the views of various stakeholders and recommendations of various committees and Law Commission.

"With a view to make comprehensive changes in the criminal laws of the country and to provide speedy justice to all and create a people centric legal structure, the government have initiated the process of considering comprehensive amendments in criminal laws," the ministry of home affairs said.

In response to a PIL by advocate Ashwini Kumar Upadhyay to make hate speech a separate punishable offence, the government said suggestions have been invited from chief ministers of all the state governments and also from Union Territories, Chief Justice of India, Chief Justices of all high courts, judicial academics, national law universities, Bar Council of India, Bar Council of all High Courts and members of both Houses of the Parliament.

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On September 21, 2022, the top court had asked the ministry to "clearly indicate its stand with regard to the recommendations made by the Law Commission of India namely whether it has contemplated any legislation in terms of the recommendation".

The government, in response, said inputs from 14 states in this regard had been received earlier. Subsequently inputs from the three more states/UT's have been received till now which are Jammu & Kashmir, Uttarakhand, Gujarat and Puducherry.

The written reply also said that the Law Commission of India in March 2017 had submitted its 267th report titled "Hate Speech" along with a draft Bill namely The Criminal Law (Amendment) Bill, 2017 wherein it had recommended for insertion of new section 153C (Prohibiting incitement to hatred) and 505A (Causing fear, alarm, or provocation of violence in certain cases) in IPC.

The Law Commission in its 267th report submitted on May 04, 2018 has given a new formulation for insertion of section 153C (Prohibiting incitement to hatred) and 505A (Causing fear, alarm, or provocation of violence in certain cases) in IPC.