2 min readNew DelhiApr 29, 2026 11:48 AM ISTThe Supreme Court made it clear that the “creation of criminal offences and the prescription of punishments lies squarely within the legislative domain”. (Files/Express Photo)The Supreme Court said on Wednesday that issues related to hate speech affect fraternity and constitutional order, even as it held that the criminal law has adequate provisions to deal with such offences and left it to Parliament to decide if any changes are necessary.The remarks by a bench of Justices Vikram Nath and Sandeep Mehta were made on a clutch of petitions seeking the court’s intervention in a series of alleged hate speeches.“The contention that the field of hate speech remains legislatively unoccupied is misconceived. The existing framework of substantive criminal law, including the provisions of the IPC and allied legislation, adequately addresses acts that promote enmity, outrage religious sentiments, or disturb public tranquillity. The field is therefore not unoccupied,” the bench said.The SC made it clear that the “creation of criminal offences and the prescription of punishments lies squarely within the legislative domain” and “the Constitutional scheme founded upon the doctrine of separation of powers does not permit the judiciary to create new offences or expand the contours of criminal liability through judicial directions.”“While we decline to issue directions sought, we deem it appropriate to observe that the issues relating to hate speeches and rumour mongering bear directly upon the preservation of fraternity, dignity and Constitutional order.”“It is open to the Union and the States to consider in their wisdom whether any further legislative measures are warranted in the light of evolving societal changes and challenges, or to bring suitable amendments as suggested by the Law Commission in its 267 report dated March 23, 2017.”The bench pointed out that the statutory mechanism under Bharatiya Nagarik Suraksha SanhitaStory continues below this adprovides a comprehensive way to put in motion the criminal law against hate speech. It added that the magistrate’s court also has supervisory power. © The Indian Express Pvt LtdTags:hate speechessupreme courtAdvertisementLoading Recommendations...