BENGALURU: In a significant move aimed at protecting free speech and preventing the misuse of criminal law, the Karnataka Police have been directed to strictly follow Supreme Court approved guidelines before registering FIRs in cases arising out of social media posts.
The directive was issued by Director General and Inspector General of Police (DG&IGP) MA Saleem, citing recent observations of the apex court, which cautioned against the mechanical registration of cases. The state police chief has issued eight guidelines that must be followed by the police before filing FIRs.
According to the circular, police officers must first verify the locus standi of the complainant before registering any FIR, particularly in cases of defamation or similar offences. Complaints filed by unrelated third parties are not maintainable unless they disclose a cognisable offence.
Even in cognisable cases, officers are required to conduct a preliminary inquiry to ascertain whether the essential ingredients of the alleged offence are made out on a prima facie basis.
The guidelines also set a high threshold for registering cases related to speech or social media posts. FIRs alleging promotion of enmity, intentional insult, public mischief, threats to public order or sedition can be registered only if there is clear prima facie material indicating incitement to violence, hatred or public disorder. The police have been cautioned against acting on mere offensive or critical content, especially in the realm of political speech, which enjoys constitutional protection under Article 19(1)).