Merely 'Liking' A Post Not Enough To Show Intent To Hurt Religious Sentiments: Madras HC In FIR Over Alleged Posts On RSS

The Madras High Court (Madurai Bench) earlier this month granted anticipatory bail to four men accused of provoking religious unrest by allegedly liking social media posts labelling RSS and Bajrang Dal as terrorist organisations. A bench of Justice P Vadamalai observed that a mere 'shared like' on a social media post cannot be construed as an intention to hurt religious sentiments. Briefly put, the Single Judge was hearing the anticipatory bail plea of four accused, all daily wagers, booked under Sections 196(1)(a) and 353(2) of the Bharatiya Nyaya Sanhita, 2023. According to the prosecution, between May 7 and May 10, 2025, the petitioners posted and shared content through social media against Hindu organisations and their leaders, and termed RSS and Bajrang Dal as terrorist organisations. Their counsel, however, submitted that the petitioners had not posted any messages through social media as alleged by the prosecution; instead, they had simply liked a few posts, which is nothing but a few news items. It was further submitted that the alleged news items were posted by one ALX Ragam, who had already been granted bail by the concerned Judicial Magistrate Court. The Government Advocate, on the other hand, submitted that the petitioners shared messages and also shared as 'like' through social media in order to provoke religious unrest. Against the backdrop of these submissions, the Court noted that the FIR was registered based on a complaint from a joint organiser of the Bajrang Dal, not by any member of the general public or a social activist. "A mere shared 'like' could not be taken as an intention to hurt religious sentiments", the Court further remarked. Thus, taking into account the fact that the main accused had already been granted bail, the Court allowed their anticipatory bail plea. It directed that in the event of arrest, or on appearance before the concerned Magistrate within 15 days of the order being made ready, the petitioners be released on bail on furnishing a bond of ₹10,000 each with two sureties for like amounts.Citation: 2025 LiveLaw (Mad) 243

Merely 'Liking' A Post Not Enough To Show Intent To Hurt Religious Sentiments: Madras HC In FIR Over Alleged Posts On RSS

Sparsh Upadhyay

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