From Tweet to FIR – Not Without Due Process & Prior Inquiry
In order to safeguard the fundamental rights as well as preventing the criminal process from being invoked mechanically or arbitrarily, the High Court of Telangana has prescribed operational guidelines for the police authorities and Judicial Magistrates while dealing with the proceedings initiated on the basis of social media posts.
The police authorities are directed to adhere to the said following guidelines.
Verification of locus standi – the police must verify whether the complainant qualifies as the “person aggrieved” in terms of law. Complaints of unrelated third parties lacking standing are not maintainable except report of a cognizable offence.
- Preliminary inquiry in cognizable offences – 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 offences are prima facie made out.
iii. High threshold for media post / speech related offences in line with the principles of Kedar Nath Singh 1962 Supp (2) SCR 769 and Shreya Singhal case 2015 (5) SCC 1 – 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.
Protection of political speech / post – The police shall not mechanically register cases concerning harsh, offensive or critical political speech. Only when the speech amounts to incitement to violence or poses an imminent threat to public order may criminal law be invoked. Constitutional protections for free political criticism under Article 19(1)(a) of the Constitution must be scrupulously enforced.
Defamation as a non-cognizable offence – Since defamation is classified as a non-cognizable offence, the police cannot directly register an FIR or crime in such matters. The complainant must be directed to approach the jurisdictional Magistrate. Police action may follow only upon a specific order of the Magistrate under Section 174(2) of the BNSS.
Compliance with arrest guidelines – in all cases, the police shall strictly comply with the principles laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Automatic or mechanical arrests are impermissible, and the principle of proportionality in the exercise of criminal process must be observed.
vii. Prior legal scrutiny in sensitive cases: 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, to ensure that the proposed action is legally sustainable.
viii. Frivolous or motivated complaints: Where a complaint is found to be frivolous, vexatious, or politically motivated, the police shall close the matter under Section 176(1) of the BNSS, citing absence of sufficient grounds for investigation.
Judgment dated 10.9.2025 of the High Court of Telangana High Court in the case of Criminal Petition Nos.4903, 4905 and 8416 of 2025 of Nalla Balu @ Durgam Shashidhar Goud Vs. State of Telangana,
