Reasonable Care Must Be Applied Before Invoking Offence Of Endangering Sovereignty, Unity & Integrity Of India: Allahabad HC

The Allahabad High Court has observed that 'reasonable care' and 'standards of a reasonable person' must be applied before invoking Section 152 of the Bharatiya Nyaya Sanhita (BNS), which criminalizes alleged acts endangering the sovereignty, unity and integrity of India. The Court added that since spoken words or posts on social media are also covered by the liberty of freedom of speech and expression, the same should not be 'narrowly' construed unless it is of such nature which affects the sovereignty and integrity of a country or encourages separatism. A bench of Justice Arun Kumar Singh Deshwal made this observation while granting bail to an 18-year-old boy booked under Sections 152 and 196 BNS for allegedly posting an Instagram story that read: "Chahe jo ho jai sport to bas ..... Pakistan ka karenge". The Court said that for attracting the ingredients of Section 152 BNS, there must be a 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 clarified that merely posting a message to simply show support for any country may create anger or disharmony among citizens of India and may also be punishable under Section 196 BNS, which is punishable up to seven years, but definitely will not attract the ingredients of Section 152 BNS. In this regard, referring to the Supreme Court's recent decision in Imran Pratapgarhi v. State of Gujarat 2025 LiveLaw (SC) 362, the High Court underlined that liberty of thought and expression is one of the cornerstone ideals of our Constitution. "…before invoking the Section 152 BNS, reasonable care and standards of reasonable person should be adopted…", the Court said, noting that Section 152 BNS, being a newly introduced provision with stringent punishment, must not be casually invoked. On facts, the Court observed that the applicant had not posted any content disrespecting India's name, flag, or image. It held that merely showing support to Pakistan, without any reference to any incident or to India, will not prima facie attract Section 152 BNS.Read more about the case here : Merely Supporting Pakistan Sans Referring To Any Incident Or India Doesn't Attract S. 152 BNS: Allahabad HC

Reasonable Care Must Be Applied Before Invoking Offence Of Endangering Sovereignty, Unity & Integrity Of India: Allahabad HC

Sparsh Upadhyay

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