Mere Social Media Post Supporting Pakistan Won't Attract Offence Of 'Endangering Sovereignty Of India' Under BNS: Allahabad High Court

A bench of Justice Santosh Rai made the observation while granting bail to one Sajid Chaudhary who has been accused of forwarding a Facebook post stating 'Pakistan Zindabad'.

Before the bench, his counsel argued that he had not posted/circulated any video anywhere and that he has no criminal antecedents and there was no likelihood of fleeing from justice or tampering with evidence in case he is granted bail.

The prosecution opposed the bail plea, alleging that the applicant was a separatist and had committed similar offences earlier. However, it was admitted that he had no criminal history.

It was also pointed out that the applicant had commented on the post of a Pakistani individual, stating "Kamran Bhatti Proud of You, Pakistan Zindabad".

The Court noted that while a copy of the social media post mentioning 'Pakistan Zindabad' had been annexed, the prosecution had not produced any evidence to show that the applicant had made a statement directly against the sovereignty and integrity of India.

It further said that Section 152 BNS, being a new provision with stringent punishment and no corresponding section in the IPC, must be invoked with reasonable care.

"Spoken words or posts on social media is also covered by the liberty of freedom of speech and expression, which should not be narrowly construed unless it is of such nature which effect the sovereignty and integrity of a country or encourages separatism", the Court said.

Furthermore, explaining the scope of Section 152 BNS, the single judge noted that 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.

It added that a mere social media message supporting a foreign country may fall within Section 196 BNS, which is punishable with imprisonment up to seven years, but the same will "definitively will not attract the ingredients of Section 152 BNS".

The Court also relied on the Supreme Court's recent judgment in Imran Pratapgadhi v. State of Gujarat 2025 LiveLaw (SC) 362, wherein it was reiterated that liberty of thought and expression is a cornerstone of the Constitution and that social media posts must be assessed through the lens of a “reasonable, strong-minded, firm and courageous individual” rather than persons with weak and oscillating minds.

Against this backdrop, without expressing any opinion on the merits of the case, the Court granted bail to Sajid Chaudhary on the condition of furnishing a personal bond and two sureties, subject to stringent conditions.