The Gauhati High Court has granted interim anticipatory bail to YouTuber Ashish Chanchalani in connection with an FIR registered by the Guwahati Police over alleged obscene and controversial remarks made during an episode of India’s Got Latent.

However, the court directed Chanchalani to appear before the investigating officer within ten days, emphasizing that further proceedings would be subject to judicial scrutiny in the upcoming hearing.

The case stems from an FIR lodged by the Assam Police on February 12, following a complaint by Alok Boruah. The FIR invokes multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 79 (insulting the modesty of a woman), Section 95 (engaging a child to commit an offence), Section 294 (sale of obscene material), and Section 296 (obscene acts and songs).

Additionally, provisions from the Information Technology Act, 2000, the Cinematograph Act, 1952, and the Indecent Representation of Women (Prohibition) Act, 1986, have been cited.

The allegations claim that Chanchalani, along with fellow content creators Jaspreet Singh, Apoorva Mukhija, Ranveer Allahabadia, and Samay Raina, engaged in promoting obscenity through sexually explicit discussions on the show.

Representing Chanchalani, Senior Counsel Diganta Das, along with Advocate Joyraj Borah, argued that the YouTuber had no role in making the remarks that led to the FIR. The defense contended that another panelist, Ranveer Allahabadia, made the statements in question and that Chanchalani neither participated in nor endorsed them.

Furthermore, it was submitted that Chanchalani had no editorial control or involvement in the post-production process of the episode and should not be held liable for its content.

In its assessment, the Gauhati High Court acknowledged the serious nature of the charges, particularly under Sections 79 and 296 of the BNS. However, the court noted that establishing criminal liability requires evaluating individual roles and intent. It emphasized the need to balance obscenity laws with the right to free speech, particularly when attributing liability for third-party statements made in a public forum.

The court also recognized the complexities of digital content creation, where scripting, editing, and post-production are often managed by different teams. Holding a participant criminally responsible without clear proof of direct involvement, it observed, could raise concerns about due process.

Granting interim anticipatory bail, the court directed Chanchalani to cooperate with the investigation and appear before the investigating officer within ten days. The case is scheduled for a final hearing on March 7, with the court summoning the case diary for review.