Petitioner receives interim relief against arrest under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023, citing lack of prima facie evidence of defamation.
In a significant legal development, the Allahabad High Court, comprising Justices Rajeev Misra and Padam Narain Mishra, has granted interim protection from arrest to Sudhir Aryan, the petitioner in a case challenging an FIR lodged under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR, registered as Case Crime No. 33 of 2026 at Police Station Kareli, District Pilibhit, was filed by the complainant Prasun Sharma, accusing Aryan of using defamatory language against the Chief Minister.
The petitioner, represented by counsel Jitendra Kumar Yadav, argued that the words used did not amount to defamation or character assassination but were merely an expression of opinion. The court, upon examining the FIR and hearing submissions from both sides, found that the allegations did not prima facie disclose the commission of a cognizable offence under the cited provision.
In its order dated May 13, 2026, the court noted the need for further consideration of the matter and directed the issuance of notices to all respondents, including the complainant. It allowed the respondents six weeks to file counter affidavits, with the petitioner given two weeks thereafter to file rejoinder affidavits. The case has been listed for admission on August 12, 2026, before the appropriate bench.
While the State's counsel opposed the writ petition, asserting that the FIR clearly disclosed a cognizable offence, they were unable to effectively counter the petitioner's legal arguments at this stage. Consequently, the court provided interim relief to Aryan, preventing his arrest until further orders.
The interim order signifies a critical examination of the balance between the right to freedom of expression and the potential for defamation under the Bharatiya Nyaya Sanhita, 2023. The case continues to await further judicial scrutiny as all parties prepare their responses for the next hearing.
Bottom Line:
Interim protection from arrest granted to the petitioner in a case under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), as the allegations in the FIR did not prima facie disclose commission of the offence.
Statutory provision(s):
Section 353(2) of the Bharatiya Nyaya Sanhita, 2023
Sudhir Aryan v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2905659
