Court rules that mere suspicion cannot form the basis for criminal prosecution under Section 152 of Bharatiya Nyaya Sanhita, 2023, affirming the importance of Article 19(1)(a) of the Constitution.
In a significant ruling, the Allahabad High Court has dismissed a petition filed by Simran Gupta seeking to lodge a First Information Report (FIR) against a Member of Parliament under Section 152 of the Bharatiya Nyaya Sanhita, 2023, for a speech allegedly endangering the sovereignty and integrity of India. The court underscored the pivotal role of freedom of speech and expression as enshrined in Article 19(1)(a) of the Constitution of India.
The petitioner, Simran Gupta, had approached the court alleging that a statement made by the MP on January 15, 2025, during a televised interview, threatened the sovereignty and unity of India by inciting rebellion. The application for lodging an FIR was initially rejected by the Civil Judge (Senior Division)/Special Judge, M.P./M.L.A. Court, and the decision was upheld by the Additional District and Sessions Judge on the grounds of insufficient evidence.
Justice Vikram D. Chauhan, presiding over the case, reiterated that the burden of proof lies with the complainant to demonstrate that the speech in question falls within the ambit of reasonable restrictions under Article 19(2) of the Constitution. The court noted that the petitioner failed to provide material particulars or circumstances to substantiate the claim that the speech incited secession or rebellion, as required under Section 152 of the Bharatiya Nyaya Sanhita, 2023.
The court emphasized the necessity for a prudent person test to assess whether the speech truly excites or attempts to excite subversive activities. Justice Chauhan observed that the speech, made by an elected representative, was within the purview of intense advocacy and dissent, which are essential components of a vibrant democracy, rather than an incitement to rebellion.
The judgment highlighted the importance of protecting freedom of speech and expression, cautioning against curtailing this fundamental right without substantial evidence of the speech posing a threat to national integrity. The court also noted that criticism of government policies is permissible and integral to a parliamentary democracy.
In conclusion, the court dismissed the petition under Article 227 of the Constitution, affirming the concurrent findings of the lower courts and underscoring the importance of upholding the constitutional mandate of free speech.
Bottom Line:
Application to lodge FIR under Section 152 of Bharatiya Nyaya Sanhita, 2023 alleging speech endangering sovereignty and integrity of India - Courts must ensure that such speech or expression comes under reasonable restrictions under Article 19(2) of the Constitution and satisfies ingredients of the offense before initiating criminal prosecution.
Statutory provision(s): Article 19(1)(a) of the Constitution of India, Article 19(2) of the Constitution of India, Section 152 of Bharatiya Nyaya Sanhita, 2023, Article 227 of the Constitution of India.
Simran Gupta v. State of U.P., (Allahabad) : Law Finder Doc id # 2891817
