Allahabad High Court says pro-Pakistan social media post without India reference not punishable under Section 152 BNS

A bench of Justice Arun Kumar Singh Deshwal made this observation while granting bail to an 18-year-old boy, Riyaz, arrested for allegedly posting an Instagram story

A social media post in support of another country, including Pakistan, without any reference to India or a specific event, does not amount to a Section 152 offence under the Bharatiya Nyaya Sanhita, 2023 (BNS), the Allahabad High Court has held, according to a report by Bar and Bench. Section 152 of the BNS penalises acts endangering the sovereignty, unity and integrity of India.

A bench of Justice Arun Kumar Singh Deshwal made this observation while granting bail to an 18-year-old boy, Riyaz, arrested for allegedly posting an Instagram story that said, “Chahe jo ho jai sport to bas...Pakistan ka karenge (Whatever happens, we will support only... Pakistan).”

Riyaz was booked under Section 152 of the BNS by the Sambhal district police.

“Merely showing support to Pakistan without referring to any incident or mentioning the name of India, will not prima facie attract the offence under Section 152 BNS,” the bench noted, as per the Bar and Bench report. It observed that the post could instead come under the ambit of Section 196 of the BNS (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony).

However, even for that offence to be applied, a preliminary inquiry under Section 173(3) Bharatiya Nagarik Suraksha Sanhita (BNSS) is required before registration of FIR, which, the court added, was not conducted in the present case, as reported by Live Law.

Accordingly, the court granted him bail in the absence of any criminal history. However, it imposed a restriction on the accused, directing him not to post any material on social media which could create disharmony among citizens of India.

Riyaz’s counsel had argued before the high court that the post did not feature the Indian flag, name, or any image that could be seen as disrespectful to the country. “Merely supporting a country, even if the country is an enemy to India, will not attract the ingredients of Section 152, BNS," he contended.

Opposing the bail plea, the state counsel argued that the Instagram post promoted separatism, making him liable for the offence.