1. A Delhi court has delivered a detailed order dismissing a complaint filed against Congress President Mallikarjun Kharge, concluding that the statements he made during an election rally where he likened the ideology of Prime Minister Narendra Modi, the BJP, and the RSS to a “poisonous snake” did not constitute hate speech, defamation, or any other criminal offence under the Indian Penal Code.

The complaint was lodged by Advocate Ravinder Gupta, an RSS member for over four decades, who argued that Kharge’s remark had personally injured his reputation, claiming that as an RSS “swayamsevak,” the statement suggested that he, too, possessed “poison within him.” Gupta contended that the comment was intended to provoke hostility and vilify an organization of which he was a dedicated member.

In assessing the complaint, the court extensively reviewed the nature of political discourse in India, emphasizing that electoral campaigns often involve pointed, exaggerated, and even abrasive forms of criticism. The judge noted that while Kharge’s words were undeniably sharp and offensive, they were aimed at political organizations and their ideological positions rather than at a specific individual.

According to the court, the Constitution permits wide latitude for political expression, especially during elections, and such speech cannot be readily criminalized unless it can be shown to have been made with the deliberate intention of provoking violence or deepening social divisions. The court stressed that political speech, even when distasteful, enjoys a certain level of protection due to its central role in democratic debate.

When examining the allegation of defamation, the court applied the definition under Section 499 IPC, which requires that the accused must have made an imputation with the intention or knowledge that it would harm the reputation of an identifiable person. Since Kharge’s comment targeted the BJP and RSS as political entities and did not single out the complainant by name, the requirement of a direct and personal attack on the complainant was not fulfilled.

Moreover, the court reiterated a well-established principle in defamation law: that only the “aggrieved person” may initiate such proceedings. The Prime Minister, the BJP, and the RSS themselves did not file any complaint, nor did they authorize Gupta to pursue the case on their behalf, significantly weakening the foundation of his claim.

The court also analyzed the allegations under Sections 153A, 153B, and 295A, all of which deal with promoting enmity between groups, asserting prejudicial statements against particular communities, or deliberately hurting religious sentiments. It found that none of these provisions applied because Kharge’s comments were directed at a political ideology, not at a protected group such as a caste, religion, race, or community.

The court highlighted that the law distinguishes between criticizing political bodies — which is permissible — and attacking socially vulnerable or constitutionally recognized groups, which carries potential criminal liability. Kharge’s statements, though provocative, did not fall into the latter category.

In its reasoning, the court also relied on Supreme Court guidance that hate speech must be assessed in terms of its potential to cause public disorder or incite violence. There must be a clear and proximate link between the speech and the likelihood of unrest. The judge observed that no such link had been demonstrated by the complainant, who had not shown that Kharge’s remarks resulted in any form of tension, disturbance, or hostility in society. Without evidence of such consequences, the court could not infer criminal intent or impact.

After reviewing the evidence and legal standards in detail, the court held that there was no basis to proceed with the case. It therefore dismissed the complaint under Section 203 of the Criminal Procedure Code, which allows a magistrate to reject a complaint when sufficient grounds for proceeding are not established. With this, the matter was ordered to be filed away, bringing an end to the attempt to prosecute Kharge for his political comments during the election rally.

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