Backing Pak without mention of India not a BNS offence: HC

HC WAS HEARING A BAIL APPLICATION FILED BY A PERSON WHO WAS HELD ON MAY 9 THIS YEAR FOR SHARING AN INSTAGRAM REEL ABOUT PAKISTAN

- Jitendra Sarin

The Allahabad high court has observed that mere support for Pakistan without any reference to India does not constitute an offence under Section 152 of the Bharatiya Nyaya Sanhita (BNS)and allowed the bail application of an 18-year-old man who was arrested over an Instagram reel.

The court also noted that Section 152, which deals with acts that endanger the sovereignty, unity and integrity of India, is provision introduced in the new criminal laws with no equivalent in the Indian Penal Code, and thus must be invoked with caution.

“Merely showing support to the 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 on Thursday.