Overview

• Justice Arun Kumar Singh Deshwal ruled that an Instagram post backing Pakistan without naming India or referring to any incident does not prima facie constitute an offence under Section 152 of the Bharatiya Nyaya Sanhita
• The court distinguished this from Section 196, noting that such expressions may foster disharmony but only Section 196 applies to promoting enmity between groups
• Invoking Section 152 requires a clear threat to national integrity or encouragement of separatism, and must meet a reasonable person standard before criminal charges are filed
• Eighteen-year-old Riyaz was released on bail with conditions barring further inflammatory social media content and mandating full cooperation with trial proceedings
• The judgment provides lower courts and enforcement agencies a nonbinding precedent for balancing free-speech rights against sovereignty concerns under the new law