Justice Arun Kumar Singh Deshwal, Allahabad High Court
Backing Pakistan Doesn’t Attract Section 152 BNS Without Anti-India Reference: Allahabad High Court Grants Bail To 18-Year-Old Instagram User
|He was booked under Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023.
The Allahabad High Court has granted bail to an 18-year-old who was arrested for an Instagram post that appeared to express support for Pakistan.
He was booked under Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023, which penalizes acts endangering the sovereignty, unity, and integrity of India.
A Bench of Justice Arun Kumar Singh Deshwal observed that the social media post—“Chahe jo ho jai sport to bas ..... Pakistan ka karenge” while possibly objectionable to some, did not prima facie attract the stringent ingredients required under Section 152 BNS.
“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 Court said.
The Court added, “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.”
Advocate Santosh Kumar Gupta appeared for the applicant and Advocate Anish Kumar Upadhyay appeared for the Respondent.
Referring to the Supreme Court's decision in Imran Pratapgadhi v. State of Gujarat, the High Court emphasized that the right to freedom of speech and expression under Article 19(1)(a) of the Constitution is fundamental and must be protected.
The Supreme Court, in that case, had held that when interpreting alleged offences under Sections like 152 and 196 BNS, authorities must apply the standards of “reasonable, strong-minded, firm and courageous individuals,” rather than those “with weak and oscillating minds.”
The Court also took note that no preliminary inquiry, as required under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), was conducted before filing the FIR. This omission further weakened the prosecution’s case.
The Court clarified that while the post may attract other provisions like Section 196 BNS (promoting enmity), it did not meet the threshold for prosecution under Section 152 BNS. The Court said, “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.”
Citing the age of the applicant, the absence of prior criminal history, and the fact that the charge sheet has already been filed, the Court ordered his release on furnishing personal bond and two sureties.
The Court imposed strict conditions, including that the applicant refrain from posting any content on social media that could incite disharmony, and that he cooperate fully with the trial.
Cause Title: Riyaz v. State of U.P., [2025:AHC:109666]