K’taka govt issues guidelines for registration of FIRs related to social media posts
Bengaluru: The Karnataka government has introduced new guidelines to prevent the automatic registration of First Information Reports (FIRs) and arrests related to social media posts. These guidelines were issued through an official circular by the Director General and Inspector General of Police.
In the circular signed by the DG and IGP M.A. Saleem, it states, “It has been observed that the police officers are registering the case relating to social media posts mechanically without undertaking preliminary enquiries as stipulated by the Supreme Court of India. The Apex court has upheld the guidelines framed by the Telangana High Court relating to the registration of FIRs in cases arising out of social media posts in the referred judgment.”
The guidelines require verification of locus standi, preliminary inquiry in cases involving cognizable offences, a higher threshold for media or speech-related offences, protection of political speech, recognition of defamation as a non-cognizable offence, adherence to established arrest protocols, prior legal review in sensitive cases, and safeguards against frivolous or motivated complaints.
The circular states, “Before registering any FIR for alleged defamation or similar offences, the office must verify whether the complainant qualifies as the person aggrieved in terms of law. Complaints by unrelated third parties lacking standing are not maintainable, except where the report concerns a cognizable offence. Before registering a crime, the police are required to conduct a preliminary inquiry to ascertain whether the statutory ingredients of the alleged offences are prima facie made out.”
The guideline further states, “No case alleging promotion of enmity, intentional insult, public mischief, threat to public order, or sedition shall be registered unless there exists prima facie material disclosing incitement to violence, hatred, or public disorder.”
“The police shall not mechanically register cases concerning harsh, offensive, or critical political speech. Only when the speech amounts to incitement to violence or poses an imminent threat to public order may criminal law be invoked. Constitutional protections for free political criticism under Article 19 (1)(a) of the Constitution must be scrupulously enforced,” the guideline stated.
Because defamation is a non-cognizable offence, the police are not authorised to register an FIR in such cases. Complainants must be directed to the appropriate jurisdictional magistrate. Police action is permitted only if specifically ordered by a Magistrate under Section 174(2) of the BNSS, as outlined in the guideline.