Home » PhD scholar granted pre-arrest bail over social media post under BNSS

PhD scholar granted pre-arrest bail over social media post under BNSS

by Rinku Khumukcham
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PhD scholar granted pre-arrest bail over social media post under BNSS

IT News
Imphal, Sept 18:

A PhD scholar from Manipur has been granted interim pre-arrest bail by the Hon’ble Sessions Judge, Imphal West, following her criticism of the state’s ongoing internet ban on Facebook. The case was registered after the scholar posted comments criticizing the ban, which was imposed by the Government of Manipur on September 10, 2024, due to concerns over social media misuse for transmitting inflammatory content.
The petitioner, seeking protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, argued that her comments were an exercise of her constitutional right to free speech under Article 19(1)(a). While the government order allows for restrictions under Article 19(2), the scholar maintained that her remarks did not incite violence or disrupt public order, falling within the realm of lawful satire and political criticism.
On September 13, 2024, personnel from Imphal Police Station visited the scholar’s residence, requesting her to appear at the station without providing a clear reason, which was perceived as an attempt to intimidate and suppress her expression. The petitioner expressed fears of arrest under several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, which she argued are frequently misused to silence dissenting voices in Manipur.
The court, considering her status as a student and a woman, granted interim bail despite no specific provision for anticipatory bail under Section 482 of the BNSS. The petitioner has been required to furnish a bail bond of Rs. 50,000 and adhere to specific conditions, including not leaving India without court permission and cooperating with the investigation. The next hearing is scheduled for September 20, 2024.

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