DG&IGP issues guidelines to curb mechanical FIRs, arrests over social media posts

In a move aimed at preventing mechanical registration of FIRs and arrests over social media posts, Director-General and Inspector-General of Police (DG&IGP) M.A. Saleem has issued a fresh set of guidelines to police officers across the State.

The circular, dated February 7, follows observations by the Supreme Court in Imran Pratapgadhi vs State of Gujarat, wherein the court had flagged instances where police registered cases relating to social media posts without conducting preliminary enquiries.

“It has been observed that police officers are registering cases relating to social media posts mechanically, without undertaking preliminary enquiries as stipulated by the Supreme Court,” Mr. Saleem said, referring to an earlier circular issued on July 4, 2025.

He noted that the Supreme Court, in the same judgment, had upheld guidelines framed by the Telangana High Court on registration of FIRs in cases arising out of social media posts. “Hence, the same guidelines are adopted herewith, and police officers are instructed to adhere to them to avoid mechanical registration of FIRs and arrests,” the circular stated.

As per the directions, the police must first verify the locus standi of the complainant in cases of alleged defamation or similar offences, ensuring that the complainant is a “person aggrieved” under law. Complaints by unrelated third parties are not maintainable unless they disclose a cognisable offence.

In cases disclosing a cognisable offence, officers are required to conduct a preliminary enquiry before registering an FIR, to ascertain whether the statutory ingredients of the offence are made out prima facie.

The guidelines stress a high threshold for offences related to speech and social media posts. No case alleging promotion of enmity, public mischief, threat to public order or sedition shall be registered unless there is prima facie material indicating incitement to violence, hatred or public disorder, it said .

The police have also been cautioned against invoking criminal law for harsh, offensive or critical political speech. Such speech is protected under Article 19(1)(a) of the Constitution, unless it incites violence or poses an imminent threat to public order.

Reiterating that defamation is a non-cognisable offence, the circular states that police cannot directly register FIRs in such cases and must direct complainants to approach the jurisdictional Magistrate. The police action can follow only upon a specific order under Section 174(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Mr. Saleem further instructed strict compliance with arrest guidelines laid down in Arnesh Kumar v. State of Bihar, underlining that automatic or mechanical arrests are impermissible.

In sensitive matters involving political speech or expression, the police must obtain prior legal opinion from the public prosecutor before registering an FIR. Frivolous, vexatious or politically motivated complaints should be closed under Section 176(1) of the BNSS, citing lack of sufficient grounds for investigation.