The Allahabad High Court has held that an act of expressing support for a foreign country, absent any reference to India or intent to harm its unity or sovereignty, does not prima facie attract the stringent offence under Section 152 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The Court observed that “reasonable care” must be exercised while invoking this provision, which prescribes severe penal consequences and has no exact equivalent in the earlier Indian Penal Code.
Justice Arun Kumar Singh Deshwal, while allowing the bail application of one Riyaz, accused of pledging support to Pakistan via an Instagram post, passed the order on July 10, 2025. The Court noted that on perusal of the case material, “the applicant has not mentioned anything which shows disrespect towards our country.”
The prosecution alleged that the applicant’s social media post amounted to an act endangering the sovereignty, unity, and integrity of India, and invoked Section 152 of the BNS, a non-bailable offence punishable with life imprisonment or imprisonment up to seven years along with fine. The State argued that such statements promote ideas against the integrity of the nation and harm its unity.
In contrast, counsel for the applicant submitted that the post did not make any reference to India, nor did it include any imagery or language derogatory to the Indian state or its symbols. It was argued that “merely supporting a country, even if that country is an enemy to India, does not attract the ingredients of BNS Sec 152.”
The Court drew a distinction between the invoked provisions, noting that the applicant’s conduct did not satisfy the legal threshold required under Section 152 of the BNS. It observed, “Merely posting a message to... show support for any country may create anger or disharmony among citizens of India,” and stated that such conduct “may be punishable under Sec 196 of BNS (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc),” but “definitively will not attract ingredients of Sec 152, BNS.”
Section 196 of the BNS, the Court noted, is a bailable offence carrying a maximum punishment of up to seven years. In contrast, Section 152 covers acts committed by “spoken or written words, signs, visible representations, 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 warned against the mechanical invocation of the newly enacted Section 152, stating, “Reasonable care should be taken while invoking provisions of Section 152 of BNS as it is a new provision providing stringent punishment.”
Justice Deshwal further observed that expressions made on social media, or otherwise through spoken words, fall within the ambit of the right to freedom of speech and expression, and should not be curtailed unless they cross the threshold of promoting separatism or threatening the sovereignty and integrity of the nation.
While granting bail, the Court directed the applicant to refrain from publishing or posting any material on social media that could incite disharmony or offend public order.
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