The state of Karnataka has enacted the Hate Speech and Hate Crimes (Prevention) Bill, 2025, making it the first Indian state to introduce a standalone law aimed at restricting what it calls “hate speech.”

The legislation was passed on December 18 after an incomplete debate and strong objections from the Opposition. Civil liberties groups warn that the law’s language and structure may create one of the most far-reaching systems of preemptive censorship ever introduced at the state level.

We obtained a copy of the bill for you here.

The law defines “hate speech” as “any expression…with an intention to cause injury, disharmony or feelings of enmity or hatred or ill-will,” linked to “prejudicial interests” such as religion, caste, gender, language, or other identities.

The definition rests on intent and emotion rather than on provable harm, leaving its interpretation open to broad administrative discretion.

“Hate crime” is defined simply as the “communication of hate speech.” Legal observers argue that this collapses the long-recognized distinction between speech and criminal conduct. The Campaign Against Hate Speech (CAHS), a network of lawyers, activists, and academics, stated in a letter to Chief Minister Siddaramaiah that Section 2(i) is “based on emotion of hatred,” a vague standard that has already created problems under the Indian Penal Code and the Bharatiya Nyaya Sanhita.

Home Minister G. Parameshwara, who introduced the bill on December 10 following its Cabinet approval earlier in the month, defended the legislation by referring to recent outbreaks of communal violence. “If we get alerts that a person’s speech is going to create tension, we will ban him. How long can we do that? Therefore, a law is required,” he said, explaining that police needed a lasting framework instead of relying on temporary bans.

However, the powers created by the law extend far beyond the ability to impose bans. It authorizes Executive Magistrates, Special Executive Magistrates, and police officers of the rank of Deputy Superintendent or above to take “preventive action” against anyone they believe is “likely to commit an offense” under the Act or has “threatened to commit” one. The law does not specify what preventive action may involve or require any procedural safeguards.

A separate provision enables the government to order online platforms, service providers, or other intermediaries to block or remove what it considers “hate crime material.”

This mirrors the central government’s authority under Section 69A of the Information Technology Act, 2000, but without its procedural checks. The central law requires written reasons, a hearing, and review by an inter-ministerial committee.

The Karnataka bill omits all of these safeguards.

The penalties under the new legislation are severe. A first-time conviction can lead to up to seven years in prison and a fine of ₹50,000 (around $556). Repeat offenses can bring up to ten years in prison and a fine of ₹1,00,000 (around $1,112). These offenses are non-bailable, and arrests can be made without a warrant.

The law also introduces collective liability. Any organization or institution found guilty of an offense is treated as a whole, and every person “in charge and responsible” for its conduct is presumed guilty unless they can prove lack of knowledge or that they took “all due diligence” to prevent the act.

Lawyers note that this reverses the normal presumption of innocence by shifting the burden of proof onto the accused.

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