The case of Amish Devgan v. Union of India is a landmark Supreme Court judgment delivered in 2020 (2020 INSC 682) that addresses the constitutional and statutory boundaries of hate speech and the criminal procedure for handling multiple complaints. The case originated from remarks made by journalist Amish Devgan during a televised debate on the Places of Worship (Special Provisions) Act, 1991, on June 15, 2020, which resulted in seven First Information Reports (FIRs) being filed against him across multiple states. The core problem the judgment solved was preventing the harassment of an individual through the misuse of the legal process by registering multiple FIRs for a single, continuous cause of action.
The judgment's ratio decidendi operates on two key fronts. First, on the procedural aspect, the Court applied the doctrine against the multiplicity of FIRs, directing that all subsequent FIRs be transferred and clubbed with the first FIR registered in Ajmer, Rajasthan. These subsequent reports were to be treated as statements under Section 162 of the Criminal Procedure Code (CrPC), following the principle established in T.T. Antony v. State of Kerala. Second, on the substantive law of hate speech, the Court clarified that Section 295A of the Indian Penal Code (IPC), which criminalizes insulting religion, targets only aggravated and malicious insults made with a deliberate intent. The determination of hate speech under IPC Sections 153A, 295A, and 505(2) requires a conjunctive evaluation of content, intent, and harm. This judgment connects directly to the fundamental right to Freedom of Speech and Expression under Article 19(1)(a) of the Constitution and the reasonable restrictions permissible under Article 19(2). The judgment did not replace any law but provided a crucial interpretation of existing penal provisions and procedural safeguards.