Prayagraj. The Allahabad High Court has said in an important judgment that if someone supports Pakistan without naming India or without mentioning any incident, it does not suit the primary crime under Section 152 of the Indian Justice Code (BNS). Section 152 of BNS provides for punishment in the case of threatening India’s unity, integrity and sovereignty.
Justice Arun Kumar Singh Deshwal of the Allahabad High Court said that supporting the country in a social media post may have a maximum punishment of 7 years under Section 196 of BNS on the threat of resentment among citizens and the creation of partition between them, but such social media posts cannot cost Section 152 of BNS. Justice Deshwal also said that Section 152 of BNS has come into force and is not like any section of IPC. In such a situation, care needs to be taken while applying it. The Allahabad High Court said that statements and social media posts come under freedom of expression. The court said that unless such statements or posts are threatened to the sovereignty of the country and do not cause partitions, they should not be seen subtle.
The 18 -year -old youth filed a bail petition in the Allahabad High Court. He was arrested by the police because of an Instagram reel. It was said in this Instagram reel- whatever be supported by Pakistan. The young man’s lawyer in the High Court argued that his client had not commented on India’s sovereignty. Neither did he write the name of India nor posted it on Instagram by putting a national flag. At the same time, the government lawyer said that the social media post of the young man promotes divisive forces. Because of this, it should be considered as guilty. The court directed the young man not to post any such post on social media, which spread disharmony among the citizens. The Allahabad High Court said that as a citizen, police officers should follow the constitution. The court said that it is the responsibility of all of us to protect the freedom of expression of citizens.
