Bengaluru, February 9: The Karnataka government has introduced new guidelines aimed at halting the automatic registration of FIRs and arrests related to social media posts. These directives were implemented through an official circular issued by the Director General and Inspector General of Police (DG and IGP).
The circular, signed by DG and IGP M.A. Saleem, highlights that police officers have been mechanically filing cases related to social media posts without conducting preliminary investigations, contrary to the Supreme Court’s established guidelines. The circular also acknowledges the guidelines set by the Telangana High Court regarding FIR registrations in social media cases.
Under the new guidelines, several provisions have been included: verification of the complainant’s locus standi (legal standing), preliminary investigations in cognizable offenses, high standards for media or expression-related cases, protection of political expression, recognition of defamation as a non-cognizable offense, adherence to established protocols for arrests, pre-legal review in sensitive cases, and prevention of malicious or motivated complaints.
The circular clarifies that before registering FIRs for alleged defamation or similar offenses, it is mandatory to verify whether the complainant qualifies as a “victim” under the law. Complaints from unrelated third parties will not be accepted unless the case pertains to a cognizable offense. Additionally, police must conduct preliminary investigations to ensure that the essential elements of the alleged crime are present before filing any charges.
The guidelines also state that no cases will be registered for charges such as incitement, intentional insult, public disorder, threats to public order, or treason unless there is solid preliminary evidence linking the case to violence, hatred, or public unrest.
Furthermore, the circular emphasizes that police should not mechanically register cases based on harsh, offensive, or critical political speech. Criminal law can only be applied when such expressions incite violence or pose an immediate threat to public order. Full adherence to the protection of free political criticism under Article 19(1)(a) of the Constitution is essential.
As defamation is a non-cognizable offense, police do not have the authority to register FIRs in such cases. According to the guidelines, complainants will be directed to the magistrate with the relevant jurisdiction. Police can only take action when explicit instructions are provided by a magistrate under Section 174(2) of the Indian Code of Criminal Procedure (BNSS).
My name is Narendra Jijhontiya. I am an experienced content writer with several years of expertise in the field. Currently, I contribute to Daily Kiran, creating engaging and informative content across a variety of categories including TECHNOLOGY, health, travel, education, and automobiles. My goal is to deliver accurate, insightful, and captivating information through my words to help readers stay informed and empowered.
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