You post something online.
Posting online is not, by itself, an offense.
What the law says
While the cyber law (CPA) covers sexual harms, blackmail and religious, communal or ethnic hate speech, the penal code keeps colonial-era speech offenses on sedition, religious feelings and public order.
What it protects
- Both speech offenses are bailable as a matter of right.§§25, 26 (CPA)
- Arrest for the hate-speech offense requires a warrant.§§26, 46 (CPA)
Where it falls short
- “Hatred,” “fear” and “disorder” are undefined, and proving their connection to actual harm can be difficult.
- A mere attempt or likelihood can be enough, with penalties the same as the main offense.
Main laws involved