News: The Karnataka police chief has issued a new set of guidelines “to avoid mechanical registration of the FIRs and arrest relating to social media posts”

ABOUT

The police officers of the state are instructed to adhere to the guidelines to avoid mechanical registration of the FIRs and arrest relating to social media posts

Guidelines

• Before registering any FIR for alleged defamation or similar offences, the police must verify whether the complainant qualifies as the “person aggrieved” in terms of law.
• Complaints by unrelated third parties lacking standing are not maintainable, except where the report concerns a cognizable offence
• Where a representation/complaint discloses a cognizable offence, the police shall, prior to registration of crime, conduct a preliminary inquiry 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
• In all cases, the police shall strictly comply with the principles laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
• In matters involving political speech/post or other sensitive forms of expression, the police shall obtain prior legal opinion from the Public Prosecutor before registering an FIR