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Online post supporting Pakistan won’t attract offence of endangering India’s sovereignty: HC
The Allahabad High Court has observed that posting a message showing support for another country does not attract stringent provisions of Section 152 of the Bharatiya Nyay Sanhita, Live Law reported.
Section 152 of the Bharatiya Nyaya Sanhita pertains to acts endangering the sovereignty, unity and integrity of India.
The court also observed that Section 152 of the Bharatiya Nyay Sanhita is a newly introduced provision without an equivalent in the Indian Penal Code and added that it should be invoked with care, Live Law reported.
Critics, however, have described Section 152 of the Bharatiya Nyay Sanhita as a “repackaged version” of the colonial-era sedition law.
The Bharatiya Nyaya Sanhita, 2023 replaced the British-era Indian Penal Code, 1860 on July 1, 2024.
The observation came while granting bail to Meerut resident Sajid Chaudhary who has been accused of forwarding a Facebook post that said “Pakistan Zindabad”, Live Law reported. Chaudhary has been in jail since May 13.
In an order dated September 25, Justice Santosh Rai held that a post provoking anger or disharmony among citizens could be punishable under Section 196 of the Bharatiya Nyay Sanhita, which deals with promoting enmity.
But, such posts “definitively will not attract the ingredients of Section 152 of the Bharatiya Nyay Sanhita”, Live Law quoted Rai as saying.
He added that “spoken words or posts on social media” also fall within the ambit of the freedom of speech and expression, which should not be narrowly interpreted unless they affect the “sovereignty and integrity of a country or encourage separatism”.
Explaining the scope of Section 152, the bench noted that the provision applies only when a person, by spoken or written words, signs, visible representations or electronic communication promotes secession, armed rebellion, subversive activities or endangers the sovereignty, unity and integrity of India.
During the hearing, the court noted that the prosecution had not produced any evidence to show that the accused had made a statement against India's sovereignty or integrity.
Source: Scroll
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