No FIRs on social media posts without preliminary inquiry: Karnataka DGP issues new guidelines

Bengaluru: Taking serious note of the growing trend of registering FIRs against social media posts without proper scrutiny, Karnataka Director General of Police M.A. Saleem on Monday issued fresh guidelines directing police stations across the state to follow a structured procedure before initiating criminal action.

In a circular issued on February 7, the office of the Director General of Police instructed all police officials to strictly adhere to the new directives, stating that complaints related to social media content must not result in immediate FIRs or arrests without a preliminary examination.

The circular refers to a Supreme Court order dated March 28, 2025, and directs police officers to comply with the guidelines laid down by the apex court. The objective, it said, is to prevent misuse of legal provisions and to ensure that freedom of expression is not curtailed through hasty police action.

According to the new instructions, whenever a complaint or information is received regarding a social media post, police must first conduct a preliminary inquiry. FIRs should be registered only after verifying whether the content prima facie constitutes a cognizable offence.

In cases related to defamation or similar allegations, the complainant must be a legally “aggrieved person.” Complaints filed by unrelated third parties should not be entertained, except in matters involving serious criminal offences.

The guidelines further clarify that in cases alleging hate speech, disturbance of public order or sedition, an FIR should be registered only if there is clear and direct evidence of incitement to violence.

Police have been asked to consider landmark Supreme Court judgments such as the Kedarnath Singh case and the Shreya Singhal case while evaluating such complaints.

The circular also stresses that strong or objectionable political statements on social media should not automatically attract criminal cases. Officers have been instructed to respect the fundamental right to freedom of speech guaranteed under Article 19(1)(a) of the Constitution.

Legal action should be taken only if a post poses an immediate and real threat to public peace and order. Citing the Supreme Court’s directives in the Arnesh Kumar case, the DGP has also warned against unnecessary or mechanical arrests. “No person should be arrested without proper legal justification and due process,” the guidelines state.

The move comes amid increasing criticism that social media users are often booked under various sections of law merely for expressing opinions online. Legal experts have welcomed the new directions, saying they will help prevent harassment and ensure responsible use of police powers.

The Karnataka Police Department has instructed all commissioners, superintendents and station house officers to strictly implement the circular with immediate effect, marking a significant step towards protecting digital free speech while maintaining law and order.

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