3 months ago
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In a determination aimed astatine preventing mechanical registration of FIRs and arrests implicit societal media posts, Director-General and Inspector-General of Police (DG&IGP) M.A. Saleem has issued a caller acceptable of guidelines to constabulary officers crossed the State.
The circular, dated February 7, follows observations by the Supreme Court successful Imran Pratapgadhi vs State of Gujarat, wherein the tribunal had flagged instances wherever constabulary registered cases relating to societal media posts without conducting preliminary enquiries.
“It has been observed that constabulary officers are registering cases relating to societal media posts mechanically, without undertaking preliminary enquiries arsenic stipulated by the Supreme Court,” Mr. Saleem said, referring to an earlier circular issued connected July 4, 2025.
He noted that the Supreme Court, successful the aforesaid judgment, had upheld guidelines framed by the Telangana High Court connected registration of FIRs successful cases arising retired of societal media posts. “Hence, the aforesaid guidelines are adopted herewith, and constabulary officers are instructed to adhere to them to debar mechanical registration of FIRs and arrests,” the circular stated.
As per the directions, the constabulary indispensable archetypal verify the locus standi of the complainant successful cases of alleged defamation oregon akin offences, ensuring that the complainant is simply a “person aggrieved” nether law. Complaints by unrelated 3rd parties are not maintainable unless they disclose a cognisable offence.
In cases disclosing a cognisable offence, officers are required to behaviour a preliminary enquiry earlier registering an FIR, to ascertain whether the statutory ingredients of the offence are made retired prima facie.
The guidelines accent a precocious threshold for offences related to code and societal media posts. No lawsuit alleging promotion of enmity, nationalist mischief, menace to nationalist bid oregon sedition shall beryllium registered unless determination is prima facie worldly indicating incitement to violence, hatred oregon nationalist disorder, it said .
The constabulary person besides been cautioned against invoking transgression instrumentality for harsh, violative oregon captious governmental speech. Such code is protected nether Article 19(1)(a) of the Constitution, unless it incites unit oregon poses an imminent menace to nationalist order.
Reiterating that defamation is simply a non-cognisable offence, the circular states that constabulary cannot straight registry FIRs successful specified cases and indispensable nonstop complainants to attack the jurisdictional Magistrate. The constabulary enactment tin travel lone upon a circumstantial bid nether Section 174(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Mr. Saleem further instructed strict compliance with apprehension guidelines laid down successful Arnesh Kumar v. State of Bihar, underlining that automatic oregon mechanical arrests are impermissible.
In delicate matters involving governmental code oregon expression, the constabulary indispensable get anterior ineligible sentiment from the nationalist authoritative earlier registering an FIR. Frivolous, vexatious oregon politically motivated complaints should beryllium closed nether Section 176(1) of the BNSS, citing deficiency of capable grounds for investigation.
