New Delhi: The Allahabad High Court has ruled that merely expressing support for Pakistan on social media, without any reference to India or to incidents that threaten national sovereignty, does not amount to a criminal offence under the Bharatiya Nyaya Sanhita (BNS).

The ruling came from Justice Arun Kumar Singh Deshwal while granting bail to 18-year-old Riyaz, who had been charged under Section 152 of the BNS -- a provision that addresses acts endangering the sovereignty, unity, and integrity of India.

Instagram post at centre of case

Riyaz had been booked for sharing an Instagram story that read: “Chahe jo ho jai, sport to bas... Pakistan ka karenge” (“Whatever happens, we will support only... Pakistan”). The prosecution argued that this statement promoted separatist sentiment. However, Justice Deshwal found no evidence in the post that it disrespected India or incited rebellion.

“Merely showing support to Pakistan without referring to any incident or mentioning the name of India will not prima facie attract the offence under Section 152 of BNS,” the court held.

Not Section 152, possibly Section 196

The court clarified that for an action to qualify under Section 152, it must be intended to promote secession, armed rebellion, or subversive activity, or pose a real threat to national unity. While such a post could potentially invoke Section 196 BNS -- which addresses acts promoting disharmony and is punishable by up to seven years -- it does not meet the threshold for graver charges under Section 152.

‘Reasonable person’ test applies

Referring to the Supreme Court's judgment in the Imran Pratapgarhi case, the High Court underscored that social media posts should be evaluated using the perspective of a "reasonable, strong-minded, and courageous person," rather than individuals who are easily agitated or offended.

It also emphasised that freedom of speech and expression must not be interpreted narrowly, and that spoken words or online posts fall under this constitutional protection unless they pose a genuine threat to national integrity.

Bail granted with strict conditions

The court granted bail to Riyaz, noting his young age and the fact that the police had already filed the charge sheet, thereby eliminating the need for custodial interrogation. Riyaz is required to provide a personal bond and two sureties, and must cooperate fully with the trial.

However, the court warned him against engaging in any further criminal activity or posting inflammatory content. "The applicant shall not post any material on social media which could create disharmony among citizens of India. In case of breach... it shall be a ground for cancellation of bail," Justice Deshwal said.

Riyaz was also instructed not to influence witnesses or seek unnecessary adjournments during trial proceedings.