Posting Pictures of Prohibited Arms Online Does Not Amount to Sedition: Himachal Pradesh High Court

Case Background — Arrest Under Bhartiya Nyaya Sanhita

The case concerns Abhishek Bhardwaj, a 20-year-old college dropout, who was arrested in May 2025 from Sukahar village in Dehra sub-division of Kangra district, Himachal Pradesh. The arrest followed allegations by the police that sensitive and objectionable content was found on his mobile phone, leading to suspicions of spying and anti-national activity.

Based on these allegations, Bhardwaj was booked under Section 152 of the Bhartiya Nyaya Sanhita, 2023 (BNS), which criminalises acts endangering the sovereignty, unity, and integrity of India.

Prosecution Allegations — Social Media Activity and Espionage Claims

According to the police, Bhardwaj had:

  • Uploaded photos and videos on Facebook displaying prohibited or illegal weapons

  • Followed anti-national persons on social media

  • Uploaded images of the Pakistan flag along with arms

  • Shared information about Operation Sindoor with alleged Pakistani contacts

  • Expressed opposition to Operation Sindoor and support for Khalistan

  • Allegedly raised the slogan “Khalistan Zindabad”

The police further claimed that Bhardwaj had been providing intelligence inputs to Pakistan and was under surveillance for several days before his arrest.

Recovery of Evidence — No Prohibited Weapon Found

A crucial factual aspect noted by the High Court was that no prohibited weapon was ever recovered from Bhardwaj. The allegations rested entirely on digital material, including images, videos, and chat conversations recovered from his mobile phone and a pen drive.

This absence of physical recovery became a decisive factor in the Court’s assessment of whether the offence under Section 152 BNS was prima facie made out.

High Court Order — Bail Granted With Conditions

A Himachal Pradesh High Court bench, in its order dated January 1, directed that Bhardwaj be released on bail upon furnishing:

  • A personal bond of ₹50,000

  • One surety of the like amount to the satisfaction of the trial court

The order was made public on Wednesday. The Court held that continued detention would serve no useful purpose, especially as the chargesheet had already been filed before the trial court.

Court’s Key Finding — No Sedition-Like Conduct Established

The High Court made a significant observation while granting bail:

“It is undisputed that no prohibited weapon was recovered from the petitioner. Thus, merely posting the prohibited arms forming the name of a person does not amount to sedition.”

The Court noted that Section 152 BNS, though broader in wording, still requires conduct that actively threatens sovereignty, unity, or integrity, and cannot be invoked merely on the basis of symbolic or expressive online activity without demonstrable harmful intent or effect.

Absence of Disaffection Against the Government

The High Court categorically observed:

“There is no averment in the FIR that any hatred or discontent was directed towards the Government established by law in India.”

This finding is critical because offences relating to sovereignty or sedition-like conduct require clear intention to incite disaffection or undermine the authority of the State, not merely criticism or expression of opinion.

Chats Advocating Peace Not Sedition, Says Court

After examining the pen drive containing chats, images, and videos, the Court held that:

  • The petitioner and another individual had criticised hostilities between India and Pakistan

  • They advocated peace, unity across religions, and an end to war

  • They expressed the view that war serves no fruitful purpose

The Court held that:

“It is difficult to see how a desire to end the hostilities and a return to peace can amount to sedition.”

This observation reinforces the judicial distinction between peace advocacy and anti-state activity.

Alleged Khalistan Slogans — Supreme Court Precedent Applied

The police alleged that Bhardwaj had raised the slogan “Khalistan Zindabad.” The High Court noted that it could not locate any such slogan in the extracted data. Even assuming the allegation to be true, the Court relied on binding Supreme Court precedent.

The High Court observed:

“It was laid down by the Supreme Court that raising the slogan of ‘Khalistan Zindabad’ does not amount to any offence.”

The Court further clarified that the alleged slogans were posted on Facebook and there was no evidence that any person was incited towards disaffection or violence.

Posting Slogans on Social Media — No Automatic Criminality

The High Court held:

“There is no evidence whatsoever, at this stage, to show that any person was excited towards disaffection by posting these slogans. Thus, the mere posting of the slogans will not prima facie amount to any offence.”

This reasoning underscores the principle that online expression alone does not constitute a criminal offence unless it results in incitement, violence, or public disorder.

Statutory Provisions Involved

The case primarily involved the interpretation of:

  • Section 152, Bhartiya Nyaya Sanhita, 2023
    Endangering the sovereignty, unity, and integrity of India

Additionally, bail was considered under:

  • Section 439, Code of Criminal Procedure, 1973
    Powers of High Court to grant bail

The Court also implicitly applied principles governing digital evidence under the Indian Evidence Act, 1872, particularly regarding electronic records.

Constitutional Provisions Engaged

The judgment engages fundamental constitutional protections, including:

  • Article 19(1)(a) — Freedom of speech and expression

  • Article 21 — Right to life and personal liberty

  • Article 14 — Protection against arbitrary state action

The Court balanced national security concerns with constitutional guarantees against pre-trial punishment and arbitrary detention.

Judicial Precedents Relied Upon

The reasoning aligns with established Supreme Court jurisprudence, including:

  • Balwant Singh v. State of Punjab (1995)
    Holding that casual raising of slogans like “Khalistan Zindabad” without incitement does not amount to sedition

  • Kedar Nath Singh v. State of Bihar (1962)
    Sedition-related offences require incitement to violence or public disorder

  • Shreya Singhal v. Union of India (2015)
    Online speech is protected unless it has a direct nexus with incitement or violence

These precedents continue to guide courts even under the new criminal law framework.

Bail Jurisprudence — Detention Cannot Be Punitive

The High Court reaffirmed a settled principle:

“The provisions of bail cannot be used to punish a person before the proof of his guilt.”

Since the investigation was complete and the chargesheet filed, the Court found no justification for continued incarceration, especially when the allegations did not prima facie establish a grave offence against the State.

Conclusion — Expression Alone Cannot Be Criminalised

The Himachal Pradesh High Court’s ruling sends a clear legal message:

  • Posting images or opinions online, without recovery of arms or proof of incitement, does not amount to sedition or an offence under Section 152 BNS

  • Advocacy for peace, criticism of war, or symbolic expression cannot be criminalised in the absence of intent or impact on public order

  • Bail cannot be denied merely on the basis of allegations when investigation is complete

The judgment reinforces constitutional safeguards against misuse of national security provisions and reaffirms the judiciary’s role in protecting free expression and personal liberty in the digital age.

Location: Pune, Maharashtra, India

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