Bengaluru has taken a significant step to protect free speech online. The Karnataka government has rolled out fresh guidelines aimed at preventing knee-jerk FIR registrations and arrests over social media posts. Issued through an official circular by Director General of Police and Inspector General of Police M.A. Salim, these directives address a growing concern: police routinely filing cases without preliminary probes, flouting Supreme Court mandates.
The Supreme Court has endorsed guidelines from the Telangana High Court, emphasizing measured action in digital expression cases. Under the new rules, officers must first verify the complainant’s legal standing. For cognizable offenses, a preliminary inquiry is mandatory. Cases involving media, expression, or political speech demand even higher scrutiny.
Key provisions include shielding political criticism, treating defamation as non-cognizable, and enforcing strict arrest protocols. Sensitive matters require prior legal review, while frivolous or motivated complaints face outright rejection. Before registering an FIR for alleged defamation, police must confirm if the complainant qualifies as the ‘aggrieved person’ under law. Third-party complaints won’t fly unless a cognizable offense is clearly involved.
Officers are barred from mechanical FIRs in charges like promoting enmity, insult, public nuisance, or sedition without concrete evidence of inciting violence, hatred, or unrest. Harsh political rhetoric isn’t criminal unless it directly provokes imminent harm or threatens public order. Constitutional protections under Article 19(1)(a) for free critique are non-negotiable.
Defamation, being non-cognizable, can’t trigger police FIRs. Complainants must approach magistrates, with police stepping in only on explicit orders under BNSS Section 174(2). This overhaul promises to foster responsible policing, balancing law enforcement with democratic freedoms in the social media age.