Bengaluru, Feb 9 (NationPress) The government of Karnataka has rolled out new protocols to hinder the automatic filing of First Information Reports (FIRs) and detentions concerning social media posts. These protocols were communicated via an official circular by the Director General and Inspector General of Police.

In the circular, which bears the signature of DG and IGP M.A. Saleem, it is noted, "It has come to our attention that police officers are filing cases related to social media posts without conducting necessary preliminary inquiries as mandated by the Supreme Court of India. The Supreme Court has affirmed the guidelines established by the Telangana High Court regarding the registration of FIRs for incidents stemming from social media posts in the referenced judgment."

The guidelines stipulate the need for verification of locus standi, conducting preliminary inquiries for cognizable offenses, a heightened threshold for media or speech-related offenses, safeguarding political discourse, classifying defamation as a non-cognizable offense, adherence to established arrest protocols, prior legal scrutiny in sensitive cases, and protections against frivolous or biased complaints.

The circular further mentions, “Before filing any FIR for alleged defamation or similar offenses, the office must confirm whether the complainant is entitled to be considered as the aggrieved party under the law. Complaints from unrelated third parties without standing are not maintainable unless they pertain to a cognizable offense. Police are required to conduct a preliminary inquiry before registering a crime to establish whether the statutory elements of the alleged offenses are prima facie satisfied.”

Additionally, the guidelines assert, "No cases alleging incitement of enmity, intentional insult, public mischief, threats to public order, or sedition shall be registered unless there is prima facie evidence indicating incitement to violence, hatred, or public disorder."

Moreover, the police are prohibited from automatically registering cases involving harsh, offensive, or critical political speech. Criminal law should only be engaged when the speech constitutes incitement to violence or poses a direct threat to public order. The constitutional protections for free political discourse under Article 19 (1)(a) of the Constitution must be rigorously upheld,” the guidelines detailed.

As defamation is categorized as a non-cognizable offense, the police lack the authority to file an FIR in such instances. Complainants must be redirected to the relevant jurisdictional magistrate. Police action is permissible only if expressly ordered by a Magistrate in accordance with Section 174(2) of the BNSS, as clarified in the guidelines.