Published Feb 10, 2026 | 8:51 AM ⚊ Updated Feb 10, 2026 | 8:51 AM
Karnataka police.
Synopsis: Karnataka Director General of Police (DGP) MA Saleem issued a fresh set of guidelines to prevent “mechanical FIRs” over social media posts. Observing that police officers are registering cases relating to social media posts mechanically, the circular laid down several guidelines.
Karnataka Director General of Police (DGP) MA Saleem issued a fresh set of guidelines to prevent “mechanical FIRs” over social media posts.
Observing that police officers are registering cases relating to social media posts “mechanically, without undertaking preliminary enquiries as stipulated by the Supreme Court of India in Imran Pratapgadhi vs State of Gujarat (28 March 2025),” the circular laid down several guidelines which were earlier framed by the Telangana High Court relating to the registration of FIRs in cases arising out of social media posts in the referred judgment, and upheld by the Supreme Court.
The same guidelines have been adopted in Karnataka.
Before registering any FIR for alleged defamation or similar offences, the police, according to the guidelines, must verify whether the complainant qualifies as the “person aggrieved” under the law.
“Complaints by unrelated third parties lacking standing are not maintainable, except where the report concerns a cognizable offence,” said the circular dated 7 February.
In cases where a representation or complaint discloses a cognizable offence, the police shall, before registration of the crime, conduct a preliminary enquiry to ascertain whether the statutory ingredients of the alleged offence are prima facie made out.
“No case alleging promotion of enmity, intentional insult, public mischief, threat to public order, or sedition shall be registered unless there exists prima facie material disclosing incitement to violence, hatred, or public disorder. This threshold must be applied in line with the principles laid down in Kedar Nath Singh vs State of Bihar, 1962, and Shreya Singhal vs Union of India, 2015,” the circular stated.
For posts about political speech, the police have been instructed not to “mechanically register cases concerning harsh, offensive, or critical political speech.”
“Only when the speech amounts to incitement to violence or poses an imminent threat to public order may criminal law be invoked. Constitutional protections for free political criticism under Article 19(1)(a) of the Constitution must be scrupulously enforced,” it said.
Additionally, in matters involving political speech or other sensitive forms of expression, the police shall obtain prior legal opinion from the Public Prosecutor before registering an FIR, to ensure that the proposed action is legally sustainable.
“Where a complaint is found to be frivolous, vexatious, or politically motivated, the police shall close the matter under Section 176(1) of the BNSS, citing absence of sufficient grounds for investigation,” it said.
In cases of defamation, which is a non-cognizable offence, the complainant must be directed to approach the jurisdictional Magistrate. Police cannot directly register an FIR or a crime in such matters. Such an action may follow only upon a specific order of the Magistrate under Section 174(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the circular said.
Police have also been urged to strictly comply with the principles laid down in Arnesh Kumar vs State of Bihar (2014) for all cases that they encounter.
“Automatic or mechanical arrests are impermissible, and the principle of proportionality in the exercise of criminal process must be observed,” it said.
(Edited by Muhammed Fazil with inputs from Anisha Reddy.)
