Daijiworld Media Network – Bengaluru
Bengaluru, Feb 10: In response to concerns that FIRs are being registered abruptly against social media posts without conducting preliminary inquiries, state director general of police (DGP) M A Saleem on Monday issued fresh guidelines to the police force.
A circular in this regard was issued from the DGP’s office on February 7, directing all police stations across the state to strictly adhere to the new guidelines. The circular instructs police officials to comply with the directions issued by the Supreme Court in a case decided on March 28, 2025.
According to the release, the guidelines aim to prevent the mechanical registration of FIRs and unnecessary arrests in cases related to social media posts. As per the circular, whenever any complaint or information is received concerning a social media post, the police must first conduct a preliminary inquiry.
In cases of defamation or similar offences, the complainant must be the ‘aggrieved person’ as defined under law. Complaints filed by unrelated third parties should not be entertained, except in cases involving serious offences. The circular further mandates that a preliminary inquiry must be conducted before registering an FIR to ascertain whether the content mentioned in the complaint prima facie constitutes an offence.
In matters involving allegations such as spreading hatred, disturbing public order, or sedition, cases should be registered only if there is clear evidence of incitement to violence. Police officials have been instructed to keep in mind the judgments in the Kedar Nath Singh and Shreya Singhal cases while dealing with such complaints.
The guidelines also caution police against mechanically registering cases for harsh or objectionable political speeches or posts. Officials have been directed to respect the freedom of speech guaranteed under Article 19(1)(a) of the Constitution, and to initiate legal action only if the post poses an immediate threat to public peace.
Further, in line with the Supreme Court’s guidelines in the Arnesh Kumar case, the circular clearly states that no one should be arrested unnecessarily or in a mechanical manner.