Karnataka High Court Sets New Rules to Stop Random Police FIRs Over Social Media Posts

The High Court of Karnataka has issued new guidelines to stop police from filing multiple First Information Reports in a mechanical way based on social media posts in the State. Justice M. Nagaprasanna gave these orders while canceling multiple FIRs against Sandeep Kumar from Bengaluru. He had faced charges of creating communal disharmony simply for reposting content that was already live on social media. The original post showed CCTV footage from this July of a group of young men in an SUV chasing and threatening a woman in Puttur, located in the Dakshina Kannada district.

New Police Rules

Under the new rules, local police must first check if a complaint based on a social media post actually shows the basic ingredients of a crime. If many people file complaints about the exact same social media post, police must check if a crime is already registered for it. Officers cannot file a fresh crime just because a different person complained, unless the new complaint brings up a legally distinct occurrence. Police must also look at whether a preliminary inquiry is needed under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita before registering an FIR. Before using Section 353(2) of the Bharatiya Nyaya Sanhita for statements that create enmity or hatred, officers must check if the post has the required intent to target specific groups. The court stressed that simple criticism or disagreement must not be treated as a crime. Finally, the court reminded officers that filing an FIR does not mean an automatic arrest, and police must follow Section 35 of the BNSS and Supreme Court rules on arrests. These guidelines add to existing directions from the Supreme Court, which had approved rules set by the Telangana High Court in Nalla Balu's case in 2025.

Context

Courts across India frequently step in to protect free speech when citizens face police action merely for sharing or reposting content online. Clear legal safeguards help ensure that law enforcement agencies do not misuse broad penal provisions to silence ordinary internet users. These measures aim to balance public order with the constitutional right to freedom of expression.