The court rules that a tweet expressing political dissent does not amount to hate speech or incitement to violence, emphasizing freedom of speech under Article 19(1)(a) of the Indian Constitution.
In a significant judgment passed on November 21, 2025, the Madras High Court quashed the FIR against Aadhav Arjuna, a political leader, for his tweet criticizing police actions during a political rally that resulted in the death of 41 people. The court, presided over by Justice A.D. Jagadish Chandira, ruled that the tweet, despite its critical tone, did not constitute hate speech or incitement to violence, thereby falling under the protection of free speech as guaranteed by Article 19(1)(a) of the Indian Constitution.
The FIR, filed under various sections of the Bharatiya Nyaya Sanhita, 2023, alleged that Arjuna's tweet was intended to incite violence and create enmity between the government and the public. However, the court found that the tweet did not target any specific group or community and did not incite imminent lawless action. The court emphasized that the mere expression of political dissatisfaction or critique of government actions, even if provocative, does not cross the threshold into hate speech unless it incites violence or enmity.
Justice Chandira highlighted that the tweet was a manifestation of political dissent, reflecting public discontent over the tragic incident. The court noted that such expressions are integral to the democratic process and the fundamental right to free speech. The judgment also underscored the necessity of conducting a preliminary enquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in cases involving allegations of hate speech, to ascertain a prima facie case before registering an FIR.
The court's decision reaffirms the importance of protecting freedom of speech, especially in political contexts, and sets a precedent for distinguishing between free speech and hate speech. The ruling also serves as a reminder of the judiciary's role in safeguarding constitutional rights against unwarranted criminal prosecution.
Bottom Line:
Freedom of Speech - A tweet expressing political dissent and dissatisfaction without inciting violence, hatred, or enmity is protected under Article 19(1)(a) of the Constitution of India and cannot be categorized as hate speech or a criminal offense.
Statutory provision(s): Article 19(1)(a) of the Constitution of India, Bharatiya Nyaya Sanhita, 2023 Sections 192, 196(1)(b), 197(1)(d), 353(1)(b), 353(2), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 173(3)
