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HC issues five-point guidelines to curb arbitrary arrests over social media posts
In Short
The directions came while hearing a case involving the X account Karnataka Portfolio, which had reposted a report about an incident at Purusharakatte in Puttur taluk of Dakshina Kannada district.
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Karnataka High Court
Bengaluru: The Karnataka High Court has issued five-point guidelines directing police to exercise caution while registering FIRs and making arrests over social media posts. Justice M. Nagaprasanna also directed the Director General of Police to circulate the guidelines to all police officers across the state.
The directions came while hearing a case involving the X account Karnataka Portfolio, which had reposted a report about an incident at Purusharakatte in Puttur taluk of Dakshina Kannada district. Six youths had reportedly been taken into custody over allegations of threatening and following a woman on her way to work.
An FIR was registered against the account administrator under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS), with the complainants alleging that the account spread false information and promoted communal hatred. The High Court quashed the FIR, observing that the allegations lacked supporting evidence and malicious intent had not been established.
Under the first guideline, police must examine whether a complaint contains the essential ingredients of a criminal offence instead of mechanically invoking legal provisions. Second, multiple FIRs should not be registered over the same incident merely because different people file complaints.
Third, police should conduct a preliminary inquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), wherever applicable, before proceeding further. Fourth, criticism or commentary on social media should not automatically attract prosecution under Section 353(2) of the BNS. The content, context and alleged intention must be examined, while protecting freedom of expression.
Fifth, where arrest is unnecessary, police should consider issuing a notice under Section 35(3) of the BNSS and questioning the person concerned. Referring to the Supreme Court’s Arnesh Kumar judgment, the court stressed that registration of an FIR does not automatically justify arrest.
The High Court also referred to the Supreme Court’s Satender Kumar Antil ruling and the Telangana High Court’s decision in the Balu case while framing the safeguards. The guidelines aim to prevent arbitrary criminal proceedings and ensure that police action follows due legal process
