No mechanical FIRs over social media posts: Karnataka DGP

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

These guidelines direct the police on how to act in several instances, specifically relating to the protection of political speech, and also on maintaining a high threshold for media posts and/or speech-related offences.

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

"It has been observed that the police officers are registering the case relating to social media posts mechanically without undertaking preliminary inquiries as stipulated by the Supreme Court 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 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 arrests relating to social media posts," he added.

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

* Before registering an FIR for alleged defamation or similar offences, the police must verify whether the complainant qualifies as the 'person aggrieved'. Complaints by unrelated third parties are not maintainable, except when it is a cognisable offence.

* 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 vs State of Bihar, 1962 Supp (2) SCR 769, and Shreya Singhal vs Union of India, (2015) 5 SCC 1.

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.

* 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.

* 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.

"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.