Sedition needs incitement, not dissent: HP High Court Grants bail in Pro-Khalistan social media case
Shimla, Jan 7,
Underscoring the limits of sedition law in the digital age, the Himachal Pradesh High Court has granted regular bail to a man accused of sedition over his social media activity, holding that advocacy for peace or criticism of war—without incitement to violence—does not attract criminal liability.
Allowing the bail plea, Justice Rakesh Kainthla observed that Section 152 of the Bharatiya Nyaya Sanhita, which mirrors the scope of the repealed Section 124A of the IPC, penalises only those acts that are intended to incite violence or create public disorder. “The desire to end hostilities and return to peace cannot be equated with sedition,” the Court remarked.
The petitioner, Abhishek, was arrested in May 2025 after police claimed that his Facebook profile contained images and videos depicting prohibited weapons and the Pakistan national flag. The prosecution further alleged that he had been in online contact with Pakistani nationals, had criticised “Operation Sindoor,” and had expressed pro-Khalistan views.
However, the Court noted that no weapons were recovered from the accused and that the case was founded primarily on online posts, slogans and chats. Justice Kainthla held that expressions, howsoever unpopular, do not amount to an offence unless they are accompanied by material showing a tendency to incite violence or disturb public peace. Mere slogans, images or critical commentary, in the absence of such intent or effect, fall short of the statutory threshold, the order said.
Taking note that the investigation was complete and the charge sheet had already been filed, the Court held that continued incarceration would serve no meaningful purpose. It reiterated that bail is the rule and jail an exception, cautioning that pre-trial detention should not be used as a form of punishment.
The petitioner was ordered to be released on a personal bond of ₹50,000 with one surety of the like amount. The bail is subject to stringent conditions, including regular appearance before the trial court, non-interference with prosecution witnesses, and surrender of his passport.
The High Court clarified that all observations made in the order are confined to the consideration of bail and shall not influence the trial on merits.
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