Allahabad High Court grants bail, says mere support for Pakistan not punishable under Section 152 BNS.
SUPPORTING PAKISTAN NOT OFFENCE UNDER SECTION 152 BNS
Case in News
Supporting Pakistan not offence under Section 152 BNS rules Allahabad High Court in bail application case .
Case Overview
Case Name – XYZ vs. State of Uttar Pradesh
In a significant ruling, the Allahabad High Court, led by Justice Arun Kumar Singh Deshwal, granted bail to an 18-year-old accused of posting a pro-Pakistan Instagram reel . The Court emphasized that mere support for Pakistan, without reference to India or any seditious content, does not attract the offence under Section 152 Bharatiya Nyaya Sanhita . The Bench also reiterated the importance of evaluating such cases through the lens of constitutional rights and reasonable standards .
Key Aspects
The following key points outline the factual background and legal issues raised in the case :
- The Instagram reel stated : “Chahe jo ho jai sport to bas…Pakistan ka karenge.”
- No derogatory remarks against India or national symbols were made .
- Defence claimed it was a personal expression not aimed at national disunity .
- Prosecution alleged it promoted separatist sentiments and disharmony .
- Arrest was made under Section 152 BNS citing endangerment to sovereignty .
Legal Insights
The Court carefully examined the relevant provisions of the Bharatiya Nyaya Sanhita :
- Section 152 BNS : Penalises acts endangering sovereignty, unity, integrity; requires intent to promote secession or rebellion .
- Section 196 BNS : Covers acts that promote enmity and disharmony among communities; punishment up to 7 years .
- Constitutional Article 19(1)(a) : Guarantees freedom of speech; subject to reasonable restrictions .
Court’s Verdict
The Allahabad High Court ruled that the applicant’s post lacked intent or content endangering national sovereignty and granted bail . The Court advised caution before invoking Section 152 Bharatiya Nyaya Sanhita and emphasized the importance of upholding freedom of expression .
Source – High Court of Allahabad
Read also – Article 19 of Constitution
