Bengaluru, 9 Feb

DGP&IGP MA Saleem has issued a fresh set of guidelines on the registration of FIRs related to social media posts, observing that they are being registered "mechanically, without undertaking preliminary enquiries".

A circular was issued by the office of the Director General and Inspector General of Police (DGP&IGP) on 7 February, officials said on Monday.

Police must follow specific guidelines when registering an FIR, including verification of locus standi, conducting preliminary enquiries in cognizable offences, and treating defamation as a non-cognizable offence, the circular said.

"Automatic or mechanical arrests are impermissible, and the principle of proportionality in the exercise of criminal process must be observed," it said.

It stated that before registering any FIR for alleged defamation or similar offences, the police must verify whether the complainant qualifies as the "person aggrieved" under the law.

"Complaints by unrelated third parties lacking standing are not maintainable, except where the report concerns a cognizable offence," the guideline cited in the circular stated.

In cases where a representation or complaint discloses a cognizable offence, police must conduct a preliminary enquiry to determine whether the alleged offences are prima facie made out.

In cases alleging promotion of enmity, intentional insult, public mischief, threat to public order, or sedition, police must see if there exists prima facie material for incitement to violence, hatred, or public disorder.

“This threshold must be applied in line with the principles laid down in Kedar Nath Singh vs State of Bihar, 1962, and Shreya Singhal vs Union of India, 2015," the circular stated.

For political speeches, the police shall obtain prior legal opinion from the Public Prosecutor before registering an FIR, provided the alleged offence is not found to be “frivolous”.