Allahabad High Court, while granting bail to a man accused of sharing a ‘Pakistan Zindabad’ post on social media, observed that merely posting support for another country won’t attract the offence of ‘endangering sovereignty of India’ under BNS.
The Allahabad High Court granted bail to Sajid Chaudhary, a Meerut resident accused of sharing a social media post that praised Pakistan.
He was charged under Section 152 (endangering India’s sovereignty) of the Bharatiya Nyaya Sanhita (BNS) and had been incarcerated since May 13, 2025.
The controversial post reportedly stated,
“Kamran Bhatti Proud of You, Pakistan Zindabad.”
In allowing the bail application, Justice Santosh Rai noted that while such a message might incite anger or disharmony among citizens and could be punishable under Section 196 (promoting enmity) of the BNS, it did not meet the stringent criteria of Section 152.
The Allahabad High Court noted that,
“Merely posting a message showing support for another country may create anger or disharmony among citizens of India and may also be punishable under Section 196 BNS (promoting enmity), but it will not attract the stringent provisions of Section 152 BNS (Acts endangering sovereignty, unity and integrity of India).”
Chaudhary’s counsel argued that he was falsely implicated due to ulterior motives, emphasizing that he merely forwarded the post and did not create or disseminate any videos.
He also pointed out that the accused had no prior criminal record and posed no risk of tampering with evidence if released on bail.
In opposition, the government counsel claimed that Chaudhary was a separatist with a history of similar activities.
However, in the order issued on September 25, 2025, the court remarked that the government had not provided any evidence demonstrating that the accused had made statements against India’s integrity and sovereignty.
Also Read: Championing Justice Over ‘Bulldozer Rule’: CJI Gavai’s Mauritius Lecture on Rule of Law
The court further noted that Section 152 of the BNS is a newly introduced provision without a counterpart in the Indian Penal Code (IPC) and should be applied with caution.
Section 152 BNS: Acts Endangering the Sovereignty, Unity, and Integrity of India (BNS)
Section 152 deals with actions or statements intended to endanger India’s sovereignty, unity, or integrity. It is a serious provision meant to protect the nation from threats that could disrupt national security or communal harmony.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
