The Bharatiya Nyaya Sanhita, 2023 (BNS) Sections 192, 196(1)(b), 197(1)(d), 353(1)(b), and 353(2) – The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) Section 173(3) – The Constitution of India Article 19(1)(a). This criminal original petition challenged an FIR (Cr.No.47 of 2025) filed against a political leader under Sections 192, 196(1)(b), 197(1)(d), 353(1)(b), and 353(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The complaint alleged the petitioner posted a social media video with a Tamil caption, following a tragic incident, calling for a “youth revolution” against perceived government and police excesses, akin to events in Sri Lanka and Nepal.
The petitioner argued the tweet, deleted within 34 minutes, lacked mens rea and constituted political
dissent, not incitement. He emphasized that no violence occurred and highlighted the non-conduct of a
preliminary enquiry as mandated by Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
for cases involving freedom of speech.