Karnataka High Court issues guidelines to police to prevent mechanical registration of crimes over social media posts
- Case
- Administrator of "Karnataka Portfolio" X account v. State of Karnataka
- Statutes
- Bharatiya Nyaya Sanhita, 2023 — s.353(2)
- Source
- Verdictum
The Karnataka High Court quashed an FIR registered under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) against the administrator of the "Karnataka Portfolio" X account. The FIR was filed for reposting content related to the 'Puttur incident'. The Court issued guidelines to the police to prevent mechanical registration of crimes based on social media posts.
Ratio Decidendi · Legal Principle Established
Mechanical registration of multiple First Information Reports (FIRs) for the same incident, especially concerning social media posts, without proper application of mind, is impermissible and constitutes an abuse of the legal process. Police must conduct a preliminary inquiry before registering an FIR for social media posts, particularly when multiple complaints arise from the same event.
Practice & Procedural Impact for Advocates
Advocates should challenge multiple FIRs arising from the same social media post or incident, arguing abuse of process. Litigants facing charges for social media posts can seek quashing of FIRs if police failed to conduct a preliminary inquiry or registered multiple FIRs mechanically. Police must adhere to the new guidelines, ensuring due diligence before registering FIRs for social media content.
Key Legal Takeaways
- 1Mechanical registration of FIRs for social media posts is prohibited.
- 2Police must conduct a preliminary inquiry before registering an FIR for social media content.
- 3Multiple FIRs for the same incident, even if based on different complaints, are an abuse of process.
- 4The Court quashed an FIR under BNS Section 353(2) related to a social media repost.
The Legal Issue
The Karnataka High Court addressed the issue of mechanical registration of First Information Reports (FIRs) by the police, particularly concerning social media posts. The case involved an FIR registered under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS) against the administrator of the "Karnataka Portfolio" X account. This FIR was one of seven registered for the same 'Puttur incident', based on a repost of content on social media. The core legal question was whether such multiple and mechanical registrations of FIRs for a single incident, especially related to social media activity, constituted an abuse of the legal process.
Court's Reasoning
The Karnataka High Court observed that the police had mechanically registered seven FIRs for the same incident, demonstrating a lack of application of mind. The Court emphasized that such an approach leads to an abuse of the process of law. It held that before registering an FIR for social media posts, the police must conduct a preliminary inquiry to ascertain the veracity of the complaint and avoid multiple registrations for the same event. The Court found that the FIR against the petitioner was a result of this mechanical process and therefore quashed it. The Court also issued specific guidelines to the police to prevent similar occurrences in the future, stressing the need for due diligence and a considered approach rather than automatic registration of crimes.
What Follows
The Karnataka High Court quashed the FIR registered against the administrator of the "Karnataka Portfolio" X account under Section 353(2) of the Bharatiya Nyaya Sanhita. The police are now directed to adhere to the guidelines issued by the Court, which mandate a preliminary inquiry before registering FIRs for social media posts and prohibit the mechanical registration of multiple FIRs for the same incident. This decision will require police departments within Karnataka to review and revise their procedures for handling complaints related to social media content to ensure compliance with the Court's directives.