In a move to rein in overzealous policing, Karnataka’s top brass has unveiled strict protocols for handling social media complaints. The circular, signed by DGP & IGP M.A. Salim, slams the practice of automatic case filings sans initial checks, ignoring apex court directives. Echoing Telangana High Court norms upheld by the Supreme Court, the guidelines prioritize caution over haste.
At the heart of these rules: validate complainant legitimacy, conduct prelim inquiries for serious crimes, apply elevated thresholds for speech-related issues, safeguard political discourse, downgrade defamation to non-cognizable status, adhere to arrest safeguards, seek legal vetting for high-stakes cases, and nix bad-faith reports.
No FIR for defamation without proving the filer’s victim status; unrelated outsiders need not apply unless it’s a clear cognizable breach. Every allegation demands prima facie evidence via quick probes. Claims of enmity-spreading, deliberate insults, disturbances, or treason stay on ice absent solid proof of sparking violence or chaos.
Police can’t criminalize tough political talk routinely. Criminality kicks in only with direct incitement to disorder or immediate public safety risks. Article 19(1)(a) shields robust criticism. For defamation, courts handle it—police wait for magistrate nods under BNSS 174(2).
This framework shifts Karnataka towards thoughtful enforcement, curbing misuse of law against online voices and upholding expression rights amid digital proliferation.