The Telangana High Court has issued a landmark order directing the police not to mechanically register First Information Reports (FIRs) for harsh, offensive, or critical political speeches on social media. The Court emphasized that FIRs under provisions such as promotion of enmity, threat to public order, or sedition must be based on a prima facie case. The bench, led by Justice N. Tukaramji, framed detailed guidelines intended to protect free political expression under Article 19(1)(a) while preventing misuse of criminal law.
This order came while quashing three FIRs lodged against a man named Nalla Balu over posts on X that criticized the ruling party. In those FIRs, he faced charges under several sections of the Bharatiya Nyaya Sannhita: Sections 192 (wanton provocation with intent to cause riot), 353(1)(b) (statements conducing to public mischief), 352 (intentional insult to provoke breach of peace), and 356 (defamation), read with Section 61(2) relating to criminal conspiracy. The Court found these FIRs unsustainable because the posts, though critical and possibly offensive, did not exhibit the kind of incitement to violence or hate which would justify criminal sanctions.
In its ruling, the Court laid down a detailed framework that police and Judicial Magistrates must follow in evaluating social media posts before registering FIRs. First, the police must verify whether the complainant is a “person aggrieved” under law; third-party complaints lacking direct aggrieved status should be rejected unless the offence is cognizable. Second, in cases of cognizable offences, a preliminary inquiry must confirm whether the statutory ingredients of the alleged offence are satisfied on the face of it. Third, for offences involving political speech, there must be a high threshold: only when speech threatens public order, incites violence, or hate should criminal charges be invoked. The Court referenced precedents such as Kedar Nath Singh v. State of Bihar and Shreya Singhal v. Union of India in support.
In addition, the Court recognized that defamation is classified as a non-cognizable offence, meaning police cannot register FIRs directly in such cases; the complainant must apply to the Magistrate under statutory procedure. Automatic or mechanical arrests are also disallowed; arrests must comply with established principles such as proportionality, reasonableness, and due process in accordance with earlier judgments (like Arnesh Kumar v. State of Bihar).
The guidelines further require obtaining a prior legal opinion from the Public Prosecutor in sensitive cases—particularly those involving political speech or criticism—before moving forward with FIR registration. Complaints that are frivolous, vexatious, or politically motivated must be closed under Section 176(1) for absence of sufficient grounds.
In the case of Nalla Balu, the Court observed that the complaints did not specify dates of posting, exact content deemed offensive, or show any actual impact on public order. The lodging of FIRs by unrelated third parties also violated requirements of locus standi under the law. The Court held that while the posts might constitute defamation, they did not satisfy the legal standard for more serious criminal offences.
Through these directions, the Telangana High Court has made clear that free political expression—even if critical, harsh, or improperly worded—cannot be subjected to criminal law in the absence of real and demonstrable harm such as incitement to violence. Investigatory officers and courts must exercise care, apply legal standards, and avoid treating criminal law as a blunt instrument for silencing dissent.
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