Supporting Pakistan sans mention of India not an offence under Section 152 BNS: Allahabad High Court

The Allahabad High Court recently observed that merely expressing support for Pakistan without referencing any specific incident or mentioning India by name does not prima facie constitute an offence under Section 152 of the Bharatiya Nyaya Sanhita (BNS).

Section 152 BNS deals with acts that endanger the sovereignty, unity and integrity of India.

A Bench of Justice Arun Kumar Singh Deshwal observed,

"Merely showing support to the Pakistan without referring to any incident or mentioning the name of India, will not prima facie attract the offence under Section 152 BNS...merely posting a message to simply shows supporting of any country may create anger or disharmony among citizens of India and may also be punishable under Section 196 BNS which is punishable up to seven years but definitively will not attract the ingredients of Section 152 BNS."

The Court noted that Section 152 of the BNS is a newly introduced provision with no equivalent in the IPC, and thus must be invoked with caution.

It stressed that spoken words or social media posts fall under the right to free speech and should not be narrowly interpreted unless they clearly threaten the nation's sovereignty or promote separatism.

"For attracting the ingredients of Section 152 BNS, there must be purpose by spoken or written words, signs, visible representations, the electronic communication to promote secession, armed rebellion, subversive activities or encourages feeling of separating activities or endangers the sovereignty, unity and integrity of India."

The Court was hearing a bail application filed by an 18-year-old who was arrested for posting an Instagram reel which said,

"Chahe jo ho jai sport to bas...Pakistan ka karenge (Whatever happens, we will support only... Pakistan)."

Counsel for the applicant argued that the post in question did not undermine the dignity or sovereignty of the country, as it neither featured the Indian Flag nor mentioned India or displayed any image showing disrespect.

It was further submitted that simply expressing support for another country, even if that country is considered hostile to India, does not fulfill the requirements to invoke Section 152 BNS.

Opposing the applicant's bail plea, the State counsel argued that the Instagram post promotes separatism, making him liable for the offence.

After considering these arguments, the Court observed that the applicant had not posted any content that indicated disrespect towards India. While granting bail him bail, the Court referred to a recent Supreme Court ruling, emphasising that freedom of thought and expression remains a foundational pillar of the Indian Constitution.

"Police Officers being citizens, are bound to abide by the Constitution. We are bound to honour and uphold freedom of speech and expression conferred to all citizens. It is further observed by the Apex Court that before registering a case regarding a post on social media, it should be looked into as a reasonable man and decision should be based on standards of reasonable, strong-minded, firm and courageous individuals and not based on standards of people with weak and oscillating minds."

The Court further directed the applicant not to post any material on social media which could create disharmony among citizens of India.

Advocate Santosh Kumar Gupta appeared for the applicant.

Government Advocate Anish Kumar Upadhyay appeared for the State.

[Read Order]