Forwarding “Pakistan Zindabad” Message Not Sedition, Rules Allahabad High Court — Meerut Man Granted Bail
The Allahabad High Court has ruled that forwarding a “pro-Pakistan” message on social media does not amount to sedition under the Bharatiya Nyaya Sanhita (BNS). The court granted bail to a Meerut man accused of sharing a “Pakistan Zindabad” post.
In a landmark judgment, the Allahabad High Court has clarified that forwarding a “pro-Pakistan” message on social media is not sedition under the new Bharatiya Nyaya Sanhita (BNS). The court granted bail to Sajid Chaudhary, a resident of Meerut, who had been in custody since May after being accused of sharing a message containing the slogan “Pakistan Zindabad.”
Delivering the order on September 25, Justice Santosh Rai observed that simply forwarding a message cannot be considered an act that endangers India’s sovereignty, unity, or integrity. The court noted that there was no evidence of criminal intent or incitement to violence, which are essential ingredients for a sedition-like charge under Section 152 of the BNS.
The judge emphasized that freedom of speech and expression is a fundamental right under the Indian Constitution. He said that while the message may offend some, offensive expression alone does not amount to a criminal offence unless it threatens public order or national security.
The court added that Sajid’s actions might be examined under laws relating to promoting enmity or disharmony, but not under provisions meant for acts against the nation’s unity. Citing the absence of prior criminal records and no likelihood of tampering with evidence, the court ordered his immediate release on bail.
Legal experts say the judgment could have far-reaching implications in cases involving social media posts, where people are often booked under harsh sections for merely forwarding or sharing content.
This decision also comes amid renewed discussions over India’s new criminal codes — the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) — which replaced colonial-era laws, including the IPC and sedition provisions.
