Ernakulam Sessions Court: Amrit Singh Gets Anticipatory Bail In BNS Case

• An Ernakulam Sessions Court granted anticipatory bail to social media influencer Amrit Singh, also known as Amrit Singh Darren.
• Singh was booked by Kerala police for alleged communally divisive remarks in an Instagram video concerning Kashi Art Cafe and the Muslim community.
• The charges were filed under Sections 353(2) and 192 of the new Bharatiya Nyaya Sanhita (BNS), pertaining to spreading enmity and provocation to riot.
• Sessions Judge KK Balakrishnan granted bail on November 6, citing Singh's lack of prior criminal antecedents.
• The court determined that appropriate bail conditions would sufficiently address the prosecution's investigative concerns.

The court's emphasis on the lack of criminal antecedents as a basis for granting pre-arrest bail under these specific BNS sections is noteworthy.

An Ernakulam Sessions Court recently granted anticipatory bail to social media influencer Amrit Singh, also known as Amrit Singh Darren, following his booking by Kerala police. The charges stemmed from an Instagram video where Singh allegedly made remarks deemed communally divisive, specifically targeting the Kashi Art Cafe in Fort Kochi and the broader Muslim community. This development highlights the increasing scrutiny of online content and its potential to incite social discord.

The Fort Kochi police initiated a case against Singh on October 24, acting on allegations that he uploaded a contentious video to his Instagram account, 'littichokha_up,' on October 22. In the video, Singh reportedly showcased beef being served at the Kashi Art Cafe. His commentary included questioning the cafe's name, 'Kashi,' which holds sacred significance for Hindus, and expressing disapproval of an artwork displayed within the establishment that depicted Muhammed Ali Jinnah alongside Mahatma Gandhi. He also made a remark concerning the cafe's location.

The legal action against Singh was registered under specific provisions of the newly enacted Bharatiya Nyaya Sanhita (BNS). The sections invoked were 353(2) and 192, which address the dissemination of false information intended to foster enmity between different religious communities and the act of providing provocation likely to instigate a riot. This marks an early instance of these new BNS provisions being applied in a case involving alleged communal remarks made on social media.

Sessions Judge KK Balakrishnan issued the order granting pre-arrest bail to Amrit Singh on November 6. A key factor influencing the court's decision was the absence of any prior criminal record for Singh, a point explicitly noted by the judge. This consideration of 'no criminal antecedents' played a significant role in the court's assessment of the bail application.

The court determined that imposing appropriate bail conditions would adequately address the prosecution's concerns regarding the ongoing investigation. Judge Balakrishnan stated that sufficient conditions for bail were all that was necessary to counter the objections raised by the prosecution against Singh's petition, thereby paving the way for the grant of anticipatory bail.

This ruling by the Ernakulam Sessions Court provides an early glimpse into how Indian courts are interpreting and applying the new Bharatiya Nyaya Sanhita (BNS) provisions, particularly Sections 353(2) and 192, which pertain to alleged communal remarks and hate speech. The decision to grant anticipatory bail to Amrit Singh Darren, despite the serious nature of the charges under these new, potentially stringent, laws, offers valuable insight for legal practitioners.

The court's emphasis on the lack of criminal antecedents as a basis for granting pre-arrest bail under these specific BNS sections is noteworthy. This precedent could inform future bail applications for similar offenses, suggesting that a clean record may be a significant mitigating factor even in cases involving serious allegations of spreading false information or inciting communal disharmony. The Kerala court Amrit Singh anticipatory bail decision thus becomes a reference point for understanding the judicial approach to the Bharatiya Nyaya Sanhita communal remarks provisions.

This ruling provides early insight into how Indian courts are interpreting and applying the new Bharatiya Nyaya Sanhita (BNS) provisions, specifically Sections 353(2) and 192, concerning alleged communal remarks made on social media. Lawyers should note the court's consideration of 'no criminal antecedents' as a factor in granting anticipatory bail under these new, potentially stringent, hate speech laws, which could inform future bail applications for similar offenses.

Source: Original reporting via Live Law