The Karnataka High Court has issued guidelines directing police to exercise caution before registering criminal cases over social media posts, stating that criticism and disagreement should not automatically be treated as criminal offences. The court also clarified that registering a First Information Report (FIR) does not automatically justify an arrest.
Justice M. Nagaprasanna issued the directions in an order dated October 16, emphasising the need to prevent arbitrary police action and multiple criminal cases arising from the same online content.
Case Involved Reposting a News Report on X
The ruling came while hearing a petition filed by Sandeep Kumar, administrator of the social media account Karnataka Portfolio. He had challenged criminal proceedings initiated after he reposted a news report about six young men allegedly stalking and threatening a woman with a knife in Puttur, Karnataka.
A case was registered against Kumar under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), which deals with circulating false information or rumours with the intention of promoting enmity between communities.
The High Court quashed the criminal case, finding that the allegations did not establish the essential ingredients of the alleged offence.
Police Must Examine Complaints Carefully
Under the new guidelines, police must examine whether a complaint contains sufficient factual allegations to establish the essential elements of the alleged offence. Merely repeating the language of a criminal law provision is not enough.
Officers must also check whether another case has already been registered over the same incident or substantially identical social media content. A fresh case should not be registered merely because a different complainant approaches the police over the same material.
The court also directed police to conduct preliminary inquiries wherever legally permissible under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
FIR Does Not Automatically Mean Arrest
The court stressed that police must follow the legal safeguards governing arrests. Registration of a criminal case alone does not justify taking someone into custody.
The Karnataka Director General and Inspector General of Police have been directed to circulate the guidelines among police officers and ensure compliance.
The ruling reinforces the protection of freedom of expression while making clear that social media users are not exempt from criminal law when the legal requirements of an offence are established.