Stop ‘mechanical’ FIRs: Karnataka police chief issues warning over lodging cases on social media posts

“Further, the Supreme Court of India 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 judgement. Hence, the same guidelines are adopted herewith, and the police officers of the state are instructed to adhere to the guidelines to avoid mechanical registration of the FIRs and arrest relating to social media posts,” the current circular stated.

It added that before registering any FIR for alleged defamation or similar offences, the police 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,” it read. It also said that officials should conduct a preliminary inquiry to ascertain if the statutory ingredients of the alleged offence are, prima facie, made out.

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 circular said.

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, it emphasised.

Since defamation is classified as a non-cognisable offence, the police cannot directly register an FIR or crime in such matters, the circular stated. The complainant must be directed to approach the jurisdictional magistrate, and police action may follow only upon a specific order of the magistrate, it added.

Saleem also directed officials to abide by arrest guidelines. Citing Arnesh Kumar vs State of Bihar, the circular said that automatic or mechanical arrests are impermissible and the principle of proportionality in the exercise of the criminal process must be observed.

“In matters involving political speech/post or other sensitive forms of expression, the police shall obtain prior legal opinion from the public prosecutor before registering an FIR, to ensure that the proposed action is legally sustainable. If a complaint is found to be frivolous, vexatious or politically motivated, the police shall close the matter under Section 176 (1) of BNSS [Bharatiya Nagarik Suraksha Sanhita], citing absence of sufficient grounds for investigation,” the circular said.