In the case of Imran Pratapgarhi v. State of Gujarat 2025 INSC 410, the Supreme Court quashed an FIR against the appellant, a Rajya Sabha MP, for reciting and posting a poem at a public event. The FIR alleged offences under Sections 196, 197(1), 299, 302, and 57 of the Bharatiya Nyaya Sanhita, 2023, claiming the poem incited hatred and undermined national unity. The Court held that the FIR was filed mechanically, lacked legal substance, and violated the appellant’s fundamental right to free speech under Article 19(1)(a).
After scrutinizing the Urdu poem and its translation, the Court found no reference to any religion, community, or incitement to violence. It emphasized that the poem conveyed a message of non-violence and resilience against injustice. The Court ruled that no offence was made out under the cited BNS provisions and criticized the High Court for ignoring constitutional safeguards. Highlighting the need for a preliminary inquiry under Section 173(3) BNSS before registering such FIR’s.
