Court holds that mere reporting of violent incident without intent to promote enmity does not attract penal action under Section 196(1) of Bharatiya Nyaya Sanhita, 2023
In a significant judgment delivered on October 28, 2026, the Madhya Pradesh High Court, Jabalpur bench, quashed a First Information Report (FIR) registered against journalist Uvesh Khan @ Uvesh Reporter. The FIR, lodged at Silwani Police Station in Raisen district, accused the journalist of promoting communal discord through his news report on a violent incident during the Ganesh Visarjan procession.
The case arose after Mr. Khan broadcast a report on his YouTube news channel about a violent episode during the procession on September 6, 2025, which reportedly resulted in injuries to two persons. The complaint alleged that the reportage instilled fear and confusion in the Hindu community and had the potential to provoke communal disharmony, leading to the FIR under Section 196(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Upon hearing the arguments, Justice Himanshu Joshi observed that the offence under Section 196(1) of the BNS parallels the erstwhile Section 153A of the Indian Penal Code, which criminalizes actions promoting enmity between groups. However, the Court emphasized that essential ingredients such as mens rea (intention or knowledge) and specific promotion or attempt to promote enmity must be clearly established.
The Court scrutinized the news report and found no specific words or expressions that could be construed as promoting enmity or hatred between communities. Instead, the report merely covered an actual incident of violence, supported by the existence of a separate FIR regarding the assault during the procession. The Court held that general allegations of fear or potential communal tension, without concrete evidence of incitement, are insufficient to sustain criminal proceedings under the said provision.
Further, the Court reiterated that while freedom of speech and expression under Article 19(1)(a) of the Constitution is not absolute, it cannot be curtailed without lawful justification. Mere reporting of sensitive incidents cannot be suppressed on the basis of possible public outrage if the essential elements of an offence are not made out.
Rejecting the State's contention that the FIR warranted investigation, the Court held that continuation of proceedings would amount to abuse of the legal process. Accordingly, the petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was allowed, and the FIR and all consequential proceedings were quashed.
This judgment reaffirms the protection available to journalists reporting on public incidents, provided their reportage does not cross the threshold of incitement or promotion of enmity, thereby balancing the vital interests of free press and communal harmony.
Bottom Line:
Bharatiya Nyaya Sanhita, 2023 Section 196(1) - Mere reporting of a violent incident by a journalist, without specific words or material showing promotion of enmity between two groups and without the essential element of mens rea, does not constitute offence under Section 196(1) - FIR liable to be quashed.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Section 196(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Constitution of India Article 19(1)(a)
Uvesh Khan @ Uvesh Reporter v. State of Madhya Pradesh, (MP)(Jabalpur) : Law Finder Doc Id # 3011048
