The Allahabad High Court has observed that merely expressing support for Pakistan, without referring to any specific incident or mentioning India by name, does not prima facie constitute an offence under section 152 of the Bharatiya Nyaya Sanhita (BNS).
The said penal provision deals with acts endangering the sovereignty or unity and integrity of India.
"Considering the submissions of the learned counsel for the parties and after a perusal of the records, it is not in dispute that while posting the aforesaid post through his Instagram ID, the applicant had not mentioned anything which shows disrespect towards our country.
"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," Justice Arun Kumar Singh Deshwal said while allowing the bail plea of one Riyaz.
The applicant's counsel submitted that the said social media post of the applicant did not lower the dignity and sovereignty of India as neither the Indian flag nor the country's name or any photo, which showed disrespect to the country, was shared.
Merely supporting a country, even if that country is an enemy of India, will not attract the ingredients of section 152 of the BNS, the lawyer said.
In its order dated July 10, the court said, "Section 152, BNS is a new section providing stringent punishment and there was no corresponding section in the IPC. Therefore, before invoking section 152, BNS, reasonable care and the standards of a reasonable person should be adopted as spoken words or posts on social media are also covered by the liberty of freedom of speech and expression, which should not be narrowly construed unless those are of such nature that affects the sovereignty and integrity of a country or encourages separatism."
Allowing the bail plea, the court observed, "For attracting the ingredients of section 152, BNS, there must be purpose by spoken or written words, signs, visible representations, electronic communication to promote secession, an armed rebellion, subversive activities or encourage the feeling of separating activities or endanger the sovereignty, unity and integrity of India."
The said penal provision deals with acts endangering the sovereignty or unity and integrity of India.
"Considering the submissions of the learned counsel for the parties and after a perusal of the records, it is not in dispute that while posting the aforesaid post through his Instagram ID, the applicant had not mentioned anything which shows disrespect towards our country.
"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," Justice Arun Kumar Singh Deshwal said while allowing the bail plea of one Riyaz.
The applicant's counsel submitted that the said social media post of the applicant did not lower the dignity and sovereignty of India as neither the Indian flag nor the country's name or any photo, which showed disrespect to the country, was shared.
Merely supporting a country, even if that country is an enemy of India, will not attract the ingredients of section 152 of the BNS, the lawyer said.
In its order dated July 10, the court said, "Section 152, BNS is a new section providing stringent punishment and there was no corresponding section in the IPC. Therefore, before invoking section 152, BNS, reasonable care and the standards of a reasonable person should be adopted as spoken words or posts on social media are also covered by the liberty of freedom of speech and expression, which should not be narrowly construed unless those are of such nature that affects the sovereignty and integrity of a country or encourages separatism."
Allowing the bail plea, the court observed, "For attracting the ingredients of section 152, BNS, there must be purpose by spoken or written words, signs, visible representations, electronic communication to promote secession, an armed rebellion, subversive activities or encourage the feeling of separating activities or endanger the sovereignty, unity and integrity of India."
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