The Allahabad High Court has held that sending WhatsApp message to multiple people consisting of allegations of one particular community being targeted prima facie attracts offence of promoting enmity, hatred and ill-will between the communities under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023.

The Court was considering a Writ Petition seeking quashing of an FIR registered under Sections 299 and 353(3) of the Bharatiya Nyay Sanhita, 2023.

The division bench of Justice JJ Munir and Justice Pramod Kumar Srivastava observed, "Quite apart, and, even if one were to think that no religious feelings of a class of citizens or community have been outraged, per se by the WhatsApp message, it is certainly a message, which, by its unsaid words, is likely to create or promote feelings of enmity, hatred and ill-will between religious communities, where members of a particular community, in the first instance, could think that they are being targeted by members of another religious community by abusing the process of law. The act may not be within the mischief of Section 353(3), but prima facie would attract Section 353(2) BNS...."

The Petitioner was represented by Advocate Syed Shahnawaz Shah while the Respondent was represented by Government Advocate.

Facts of the Case

It was alleged that with intention of laying a foundation for disturbing communal peace and outraging religious feelings of a class of citizens of India, the Petitioner maliciously sent an inflammatory message to individuals on their mobile phones. During investigation, Sections 123, 64(1), 318(4) and 336(3) BNS, besides Section 3 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 were added to the crime.

It was stated in the impugned FIR that the Petitioner, with a view to disturb communal harmony and to instill hatred with the malicious intention of outraging religious feelings of a class of citizens, sent the inflammatory post to different mobile phones, owned by locals of Chandpur. It was on this information that the impugned FIR was registered.

It was argued by the Counsel for the Petitioner that the Petitioner's brother was reported to Police on absolutely frivolous allegations regarding religious conversion of women, though not a single name of any woman was mentioned in the FIR, who was allegedly converted and now it is his turn.

It was further argued that a bare reading of the entire post quoted in the FIR shows that it does not carry any inflammatory contents. It only shows resentment about his brother's arrest. It was also argued that the post shows that the Petitioner has complete faith in the judicial process. He pointed out that in the post that a false story has been floated without verifying facts, which tarnished the image of his family and impacted their business. The post, subject matter of the impugned FIR, is not designed to disturb public peace, tranquility or communal harmony in any manner.

Reasoning By Court

The Court at the outset noted that the words of the post quoted in the FIR may not speak per se about religion, but definitely conveys an underlying and subtle message that his brother has been targeted in a false case, because of him belonging to a particular religious community

"These unsaid words in the message prima facie would outrage religious feelings of a class of citizens hailing from a particular community, who would think that they are being targeted because of belonging to a particular religious community", the Court ruled.

The Petition was accordingly dismissed.

Cause Title: Afaq Ahmad v. State of U.P. and others (2025:AHC:174539-DB)

Click here to read/ download Order











Allahabad High CourtJustice JJ MunirJustice Pramod Kumar Srivastava

Sheetal Joon