The Allahabad High Court has held that merely expressing support for another country, including Pakistan, does not automatically amount to a criminal act under the Bharatiya Nyaya Sanhita (BNS), provided it does not incite separatist sentiment or threaten India’s integrity.
Justice Arun Kumar Singh Deshwal made this observation while granting bail to Riyaz, an 18-year-old boy booked under Section 152 of the BNS for posting an Instagram story in which he said, “Chahe jo ho jai sport to bas…Pakistan ka karenge” (Whatever happens, we will support only… Pakistan).
The court found no reference to India or any act that suggested secession or rebellion.
It noted that to invoke Section 152 BNS, the content must directly promote secession, armed rebellion, or pose a danger to national integrity.
“Simply showing support for another country does not prima facie fulfil this criteria,” the court said.
Upholds freedom of speech
However, Justice Deshwal acknowledged that such posts can stir public emotions or create disharmony, and authorities may examine them under Section 196 BNS, which addresses the creation of hatred or ill-will among citizens, though it involves a different legal threshold.
Drawing on precedent from the Supreme Court’s ruling in the Imran Pratapgarhi case, the judge emphasised that legal scrutiny of social media content should be from the perspective of a “reasonable, strong-minded and courageous person”, not one with a “weak and oscillating mind”.
The court also reiterated the need to uphold freedom of speech, cautioning against overreach unless content endangers national unity or promotes separatist ideologies.
Riyaz’s defence argued that the social media post neither attacked India’s dignity nor amounted to sedition.
The defence further stated that the police had already filed the charge sheet and assured that the accused would pose no threat if granted bail.
The prosecution, however, claimed the post encouraged separatist sentiment.
Weighing these arguments, the court granted bail considering the boy’s young age and absence of a need for further custodial interrogation.
Riyaz was ordered to post a personal bond with two sureties and not influence witnesses or delay trial proceedings.
Importantly, the court cautioned him against future social media activity that could incite disharmony.
“Any violation of the above conditions will lead to immediate cancellation of bail,” the order stated.
This ruling not only offers relief to the accused but also marks a key interpretation of speech rights under the newly enacted BNS, reinforcing the fine balance between national integrity and personal freedoms in the digital era.
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