The Allahabad High Court granted bail to Sajid Chaudhary, accused of posting “Pakistan Zindabad” on Facebook. The Court clarified that:
Section 152 BNS (acts endangering sovereignty, unity, integrity of India) does not apply since no evidence showed separatism, rebellion, or threat to sovereignty.
Section 196 BNS (promoting enmity) may apply, as such posts can create anger or disharmony among citizens.
Freedom of speech includes social media posts unless they directly harm sovereignty or encourage separatism.
Bail was granted since the applicant had no criminal history, was unlikely to flee or tamper with evidence, and stringent Section 152 BNS was wrongly applied.
The Court also relied on the Supreme Court’s Imran Pratapgadhi v. State of Gujarat (2025) decision, stressing that social media posts should be judged through the lens of a reasonable and strong-minded person, not overly sensitive reactions.
👉 Key takeaway: Saying “Pakistan Zindabad” online may be punishable under Section 196 BNS but not under the harsher Section 152 BNS, unless it promotes separatism or threatens India’s sovereignty.
