🔍 Introduction: Supporting Pakistan Not Offence Under Section 152 BNS
In a landmark decision, the Allahabad High Court held that supporting Pakistan not offence under Section 152 BNS of the Indian Penal Code. The bench clarified that praising or expressing solidarity with Pakistan—without any mention or vilification of India—does not amount to an act endangering India’s sovereignty, unity, or integrity.
⚖️ What Section 152 BNS Covers
Section 152 BNS addresses actions that threaten the sovereignty, unity, and integrity of India. It criminalises:
- Calls for secession or redrawing borders
- Praising enemy states in a way that undermines public order
- Conspiracy to assist hostile powers
However, the High Court emphasised that a neutral or positive statement about Pakistan alone falls outside the ambit of this provision.
📜 Case Background: Babu Khan v State of UP & Ors
- The accused, Babu Khan, delivered a speech lauding Pakistan’s governance model.
- No mention was made of India, nor any call to undermine Indian interests.
- Police charged him under Section 152 BNS, citing threat to national integrity.
On appeal, the Allahabad High Court quashed the charge, observing that mere praise of a foreign nation—without adverse comments about India—does not jeopardise national security.
🧠 Analysis: Free Speech vs. Sovereignty Laws
| Element | Court’s Finding |
|---|---|
| Speech Content | Positive remarks about Pakistan only |
| Legal Threshold | No call to harm or secede from India |
| Section 152 BNS Applicability | Not triggered by neutral support for a foreign state |
This decision reinforces principles from our Article: Safeguarding Free Speech in India, underscoring that free expression is protected unless it explicitly threatens India’s unity.
💬 Vakilify Insight
This ruling clarifies that supporting Pakistan not offence under Section 152 BNS unless the speech includes disparagement or incitement against India. It strikes a vital balance between safeguarding sovereignty and upholding freedom of expression. For litigators, it’s a reminder to scrutinise every element of charged speech against statutory thresholds.
🔗 Related Reading and Links
- 👉 Outbound: Text of IPC Section 152 BNS (Bare Act)
- 👉 Internal: Criminal Procedure Best Practices Guide
- 👉 Internal: Safeguarding Free Speech in India
