Delhi High Court Validates Digital Propaganda as a Crime Under UAPA

The Delhi High Court has determined that the dissemination of radical ideologies through digital channels, including social media, is subject to penalty under the Unlawful Activities (Prevention) Act (UAPA).

A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar emphasized that Section 18 encompasses not only overt physical actions but also online activities that incite or prepare for acts of terrorism.

Arsalan Feroze Ahenger, an alleged formal affiliate of Lashkar-e-Taiba (LeT) and The Resistance Front (TRF), faced the bench while challenging a trial court's September 2024 decision denying him bail. Accused of propagating extremist ideologies on social media, Ahenger has been in custody since 2021, booked under multiple sections of the UAPA, including conspiracy and incitement to terrorism.

The court observed that the digital spread of extremist content justifies applying Section 18, reinforcing the liability for online radicalization. The ruling stated that Ahenger's actions, including posting terrorist photographs and inciting engagement in terrorism, met the offense's legal thresholds under the UAPA.

The court also upheld the denial of bail, recognizing the risks of witness intimidation and evidence tampering and noting that Section 18 carries a life imprisonment penalty. While acknowledging Ahenger's prolonged custody, the Court referenced the stringent bail standards under Section 43D(5), urging the accused to pursue bail if trial delays occur.

(With inputs from agencies.)