UPSC Prelims Practice Questions — Hate speech stems from ‘us versus them’ mindset: SC

Q1. The Supreme Court in its 2026 hate-speech judgment stressed enforcement of the existing general penal law, the Bharatiya Nyaya Sanhita, 2023. Which Union ministry administers this criminal code?

  • A. Ministry of Home Affairs
  • B. Ministry of Law and Justice
  • C. Ministry of Information and Broadcasting
  • D. Ministry of Social Justice and Empowerment

Q2. The Court's refusal to order registration of an FIR turned on its finding that no 'cognizable offence' was made out. A cognizable offence is one in which—

  • A. a police officer may arrest without a warrant and register an FIR without a magistrate's prior order
  • B. a magistrate's prior sanction is mandatory before any investigation can begin
  • C. the offence is compoundable and may be privately settled between the parties
  • D. only a Court of Session, and not a magistrate, may take cognizance

Q3. Under Section 196 of the Bharatiya Nyaya Sanhita, 2023, the enhanced punishment of imprisonment up to five years applies specifically when the offence of promoting enmity is committed—

  • A. in a place of worship or in an assembly engaged in religious worship or religious ceremonies
  • B. through electronic or social-media platforms
  • C. by a public servant or an elected representative
  • D. against a member of a Scheduled Caste or Scheduled Tribe

Q4. The Law Commission of India's 267th Report on hate speech (2017) was submitted under the chairmanship of which of the following?

  • A. Justice B.S. Chauhan
  • B. Justice A.P. Shah
  • C. Justice B.N. Srikrishna
  • D. Justice M. Jagannadha Rao

Q5. In which one of the following cases did the Supreme Court first direct the Law Commission of India to examine the issue of hate speech and consider defining it?

  • A. Pravasi Bhalai Sangathan v. Union of India (2014)
  • B. Shreya Singhal v. Union of India (2015)
  • C. Tehseen S. Poonawalla v. Union of India (2018)
  • D. Amish Devgan v. Union of India (2020)

Q6. The Court read hate speech as corroding 'fraternity' and the fundamental duty to promote harmony and common brotherhood. Which autonomous body, set up to promote communal harmony and national integration, functions under the Union Ministry of Home Affairs?

  • A. National Foundation for Communal Harmony
  • B. National Integration Council
  • C. National Human Rights Commission
  • D. National Commission for Minorities

Q7. In declining to lay down new norms on hate speech in 2026, the Supreme Court invoked the doctrine of separation of powers. Which of the following is/are correctly stated with reference to the Court's reasoning?

  1. It held that creating criminal offences and prescribing punishments lies within the legislative domain.
  2. It observed that judicially framed interim guidelines are stop-gap measures that cannot permanently substitute for legislation.
  3. It distinguished the case from Vishaka v. State of Rajasthan, where the domestic law had been genuinely silent.
  4. It directed the Election Commission to deregister political parties whose leaders make hate speeches.
  • A. 1, 2 and 3
  • B. 1 and 4
  • C. 2, 3 and 4
  • D. 1, 2, 3 and 4