Karnataka police issue fresh guidelines on registering FIRs on social media posts

The new guidelines have been issued 'to avoid mechanical registration of FIRs and arrest relating to social media posts'

Bengaluru: The Karnataka police chief has issued a new set of guidelines "to avoid mechanical registration of the FIRs and arrest relating to social media posts".

The circular on the same was issued by Director-General and Inspector- General of Police (DG&IGP) M A Saleem on February 7.

"It has been observed that police officers are registering the case relating to social media posts mechanically without undertaking preliminary enquiries as stipulated by the Supreme Court of India in Imran Pratapgadhi vs State of Gujarat, Criminal Appeal No. 1545/2025, dated 28.03.2025. This office has already issued a circular bearing No. CRM-3/41/2024, dated 04.07.2025, in this regard," Saleem said.

"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," he added.

The following guidelines shall be followed by police officers, as per the order.

• Verification of locus standi: 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.

• Preliminary inquiry in cognizable offences: Where a representation/complaint discloses a cognizable offence, the police shall, prior to registration of crime, conduct a preliminary inquiry to ascertain whether the statutory ingredients of the alleged offence are, prima facie, made out.

• High threshold for media post/speech-related offences: 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. This threshold must be applied in line with the principles laid down in Kedar Nath Singh v. State of Bihar, 1962 Supp (2) SCR 769, and Shreya Singhal v. Union of India, (2015) 5 SCC 1.

• Protection of political speech/post: 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.

• Defamation as a non-cognizable offence: Since defamation is classified as a non-cognizable offence, the police cannot directly register an FIR or crime in such matters. The complainant must be directed to approach the jurisdictional Magistrate. Police action may follow only upon a specific order of the Magistrate under Section 174(2) of the BNSS.

• Compliance with arrest guidelines: In all cases, the police shall strictly comply with the principles laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Automatic or mechanical arrests are impermissible, and the principle of proportionality in the exercise of criminal process must be observed.

• Prior legal scrutiny in sensitive cases: 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.

• Frivolous or motivated complaints: Where a complaint is found to be frivolous, vexatious, or politically motivated, the police shall close the matter under Section 176(1) of the BNSS, citing absence of sufficient grounds for investigation.

"All the officers are directed to follow the guidelines mentioned above in letter and spirit and ensure that the same is conveyed to all the staff and officers of their units," Saleem said.