Rajasthan HC Quashes FIR Under Section 152 BNS for Legitimate Dissent

Tejinder Pal Singh, a Sikh preacher, sought to quash an FIR under Section 152 and 197(1)(c) of BNS after posting a video in July 2024 expressing sympathy for pro-Khalistan leader Amritpal Singh.

The petitioner claimed his post was a lawful political opinion, while the State argued it threatened national integration.

The Court stated that Section 152 BNS, similar to Section 124A IPC (sedition), applies only with malicious intent or direct security threats. For Section 197 BNS, the Court emphasized that acts promoting disharmony need tangible evidence to establish intent.

The Court quashed the FIR, emphasizing the balance between national security and free speech, highlighting that unpopular views are not an offense unless they incite violence or hatred.