Hate speech: If remarks are made with a smile, there is no criminality, says Delhi High Court Mar 26, 2022 https://scroll.in/latest/1020410/hate-speech-if-remarks-are-made-with-a-smile-there-is-no-criminality-says-delhi-high-court
CPM leaders have challenged a trial court order rejecting a plea for filing FIRs against Anurag Thakur and Parvesh Verma for allegedly making hate speeches. the Delhi High Court said “In the election speech, so many things are said by the politicians to politicians and that is also a wrong thing,” the High Court said. “But I have to see the criminality of the act. If you’re saying something with a smile then there is no criminality. If you’re saying something offensive, then definitely [there is criminality].”..Justice Chandra Dhari Singh made the statement while reserving its verdict on a petition filed by Communist Party of India leaders Brinda Karat and KM Tiwari.
The court said that it was important to note that when the speeches were made and what was the intention behind it.
“Only intention to win the election or intention to instigate the public to do the crime both are different things,” the judge said. “Then you have to see the mens rea [criminal intent].”