Social Media Chats Criticising War, Calling for Communal Harmony Do Not Constitute Sedition: Himachal Pradesh High Court
The Himachal Pradesh High Court has granted regular bail to a petitioner accused under Section 152 of the Bharatiya Nyaya Sanhita, 2023, which corresponds to the offence of sedition under Section 124A of the Indian Penal Code. The Court held that mere criticism of war, expression of dissent, or advocacy of peace on social media, without incitement to violence or public disorder, does not...
The Himachal Pradesh High Court has granted regular bail to a petitioner accused under Section 152 of the Bharatiya Nyaya Sanhita, 2023, which corresponds to the offence of sedition under Section 124A of the Indian Penal Code.
The Court held that mere criticism of war, expression of dissent, or advocacy of peace on social media, without incitement to violence or public disorder, does not amount to sedition.
Justice Rakesh Kainthla remarked that:“Prima facie, they show that the petitioner chatted with someone, and both of them criticised the hostilities between India and Pakistan. They advocated that all people, irrespective of their religion, should stay together, and that the war serves no fruitful purpose.It is difficult to see how a desire to end the hostilities and a return to peace can amount to sedition.”
The petitioner, Abhishek was alleged for engaging in activities through his social media conduct which were prejudicial to the sovereignty and integrity of India. Thereafter, FIR was registered against him under Section 152 of the Bharatiya Nyaya Sanhita, 2023.
As per the prosecution, the police party was on patrolling duty when they received secret information that the petitioner, had uploaded his photo and video on Facebook with prohibited/illegal weapons.
Upon verification, photographs and videos which allegedly showed prohibited weapons and the flag of Pakistan were found uploaded on his profile.
It was further alleged by the prosecution that the petitioner had shared information relating to Operation Sindoor with certain Pakistani nationals through online chats, where he stated that Operation Sindoor was wrong and he supported Khalistan.
After completion of investigation, chargesheet was filed. Afterwhich, the petitioner approached the Himachal Pradesh High Court seeking regular bail, contending that he was innocent.
The Court reiterated that Sedition under Section 152 BNS is attracted “only where the acts complained of are intended, or have a tendency, to incite violence or disturb public peace”.
The Court observed that no prohibited weapon was recovered from the petitioner and merely posting the prohibited arms forming the name of a person does not amount to sedition.
Further the Court remarked that there was no evidene to show that mere posting of slogans, without evidence of incitement or actual disturbance of public order, does not constitute an offence.
Thus, the Court concluded that no fruitful purpose would be served by detaining the petitioner in custody and provisions of bail cannot be used to punish a person before the proof of his guilt.
Case Name: Abhishek v/s State of H.P.
Case No.: CWP No. 1834 of 2018
Date of Decision: 01.01.2026
For the Petitioner: Mr.Sanjeev Kumar Suri, Advocate.
For the Respondent: Mr. Prashant Sen, Deputy Advocate General