'Instagram Post Backing Pakistan Not a Threat to India’s Integrity': Allahabad HC Grants Bail

The Allahabad High Court recently held that a social media post supporting another country, including Pakistan, without referencing India or any specific incident, does not prima facie amount to an offence under Section 152 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 152, BNS punishes any act endangering sovereignty, unity, and integrity of India.

Justice Arun Kumar Singh Deshwal observed that such a social media post may cause public disharmony and attract Section 196, BNS (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), but it does not fulfil the requirements of Section 152, BNS.

Justice Deshwal stressed that since Section 152 BNS carries a stringent punishment and has no IPC equivalent, it must be invoked with caution. "Section 152, BNS is a new Section providing stringent punishment, and there was no corresponding section in IPC; therefore, before invoking Section 152, BNS, reasonable care and standards of a reasonable person should be adopted," the judge remarked. 

He further emphasised that spoken words or social media posts fall within the ambit of free speech, which should not be narrowly interpreted unless they clearly threaten national sovereignty or promote separatism.

Court granted bail to an 18-year-old boy, Riyaz, arrested for posting an Instagram story in support of Pakistan. The boy had posted, "Chahe jo ho jai sport to bas ..... Pakistan ka karenge".

Riyaz was booked under Section 152, BNS by the police in Sambhal district.

Seeking bail, Riyaz's counsel argued before the high court that Riyaz's post did not feature the Indian flag, name, or any image that could be seen as disrespectful to the country. Merely supporting a country, even if the country is an enemy to India, will not attract the ingredients of Section 152, BNS," he contended. 

On the other hand, the state counsel opposed the bail, arguing that Riyaz's post encouraged separatist activities; therefore, he was not entitled to be released on bail. 

Relying on the recent Supreme Court decision in Imran Pratapgadhi vs State of Gujarat, the High Court underscored that law enforcement must adopt the standards of “reasonable, strong-minded, firm and courageous individuals” before registering criminal cases over social media posts. It also criticized the failure to conduct a mandatory preliminary inquiry before lodging the FIR, as required under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Conclusively, taking into account Riyaz's age, lack of criminal history, and the fact that the charge sheet had already been filed, the high court allowed the bail application. However, it imposed strict conditions—barring Riyaz from making further inflammatory social media posts and requiring full cooperation with the trial process.

Case Title: Riyaz vs State of UP

Download order here