MA Saleem | Photo Credit: K. MURALI KUMAR
Director General and Inspector General of Police (DG&IGP) MA Saleem has issued a new set of guidelines for police officers across the state as part of a measure to prevent mechanical registration of FIRs and arrests for social media posts.
The February 7 circular follows the Supreme Court’s observations in the case of Imran Pratapgadhi vs State of Gujarat, where the court had identified cases where the police had registered cases related to social media posts without conducting a preliminary investigation.
“It has been observed that police officers are registering cases related to social media posts mechanically without conducting a preliminary investigation as laid down 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 the guidelines drawn up by the Telangana High Court on registration of FIRs in cases arising out of social media posts. “Therefore, the same guidelines are adopted here and police officers are instructed to follow them to avoid mechanical registration of FIRs and arrests,” the circular said.
According to the guidelines, the police must first verify the identity of the complainant in cases of alleged defamation or similar offenses and ensure that the complainant is legally “aggrieved”. Complaints from unrelated third parties cannot be resolved unless they reveal a cognizable offence.
In cases where a cognizable offense is detected, police officers are required to conduct a preliminary investigation before registering an FIR to ensure that the statutory ingredients of the offense are prima facie established.
The guidelines highlight the high threshold for offenses related to speech and social media posts. No case of alleged promotion of enmity, public nuisance, threat to public order or sedition shall be registered unless there is material indicating incitement to violence, hatred or public disorder.
Police have also been warned to invoke criminal law for crude, offensive or critical political speech. Such speech is protected according to Article 19 paragraph 1 letter a) of the Constitution, if it does not incite violence or pose an immediate threat to public order.
The circular reiterates that defamation is a non-cognizable offense and states that the police cannot directly register an FIR in such cases and must direct the complainants to approach the concerned magistrate. Police action can only follow a special order under Section 174(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Mr. Saleem further instructed strict adherence to the arrest guidelines laid down in Arnesh Kumar v. State of Bihar , stressing that automatic or mechanical arrest is impermissible.
In sensitive matters involving political speech or expression, the police must obtain a prior legal opinion from the public prosecutor before registering an FIR. Frivolous, vexatious or politically motivated complaints should be closed according to Section 176(1) of the BNSS citing lack of sufficient grounds for investigation.
Published – 09 Feb 2026 21:08 IST
