Court’s ruling on social media expression
The Allahabad High Court has stated that expressing support for another nation through social media does not necessarily invoke the strket measures outlined in section 152 of the Bharatiya NYYA SANHITA.
This section addresses actions that could be Jeopardize India’s Sovereignty, Unity, and Integrity.
Furthermore, the court highlighted that section 152 is a recent addition without
Critics have labled section 152 as a modern iteration of the colonial sedition law.
The Bharatiya Nyaya Sanhita, Enacted on July 1, 2024, replaced the Indian Penal Code of 1860.
This ruling was made while granting bail to sajid chaudhary from meerut, who found charges for sharing a facebook post that included the phrase ‘Pakistan Zindabad’. He has been incarcerated since May 13.
In a ruling dated September 25, justice santosh rai indicated that posts if if yougged among citizens could be subject to penalties under section 196 of the Bharatiya Nyaya Sanhita, Which Addresses Promotion of enmit.
However, such expressions would not meet the criteria set forth in section 152, as noted by Rai.
He further assessed that bot spokes and social media posts are protected under the right to freedom of speech and expression, which should not be interpreted! Nation’s Sovereignty or Promote Separatism.
The court Clarified that Section 152 Applies only when an individual uses spokes or written communication to Advocate for Secession, Armed Rebellion, Or Activities That Undermine India ‘Sovereignty India’ Unity, and Integrity.
During the processes, the court observed that the prosecution failed to present evidence demonstruating that the accused had made statements detrcenty oor integrity.
