New Delhi: The Karnataka High Court has quashed an FIR against the administrator of the Karnataka Portfolio social media account over a post reporting an alleged stalking incident in Puttur. The court ruled that the post did not contain the essential elements of an offence under Section 353(2) of the Bharatiya Nyaya Sanhita (BNS).
Justice M Nagaprasanna also raised concerns about multiple FIRs being registered over the same incident. The court issued guidelines directing police to avoid unnecessary criminal cases, examine allegations carefully, and follow legal safeguards before making arrests.
Background of Karnataka High Court FIR Guidelines
The Karnataka High Court recently quashed a criminal case registered against Sandeep Kumar, administrator of the social media account Karnataka Portfolio.
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The case was related to a social media post reporting an alleged stalking and knife-threat incident involving a woman in Puttur, Karnataka.
The police had registered the FIR under Section 353(2) of the Bharatiya Nyaya Sanhita, which deals with statements, reports, or information that may promote public mischief under specified circumstances.
The court found that the post was a report of an incident and did not contain the necessary elements to establish the alleged offence.
The court also criticised the police for registering multiple FIRs concerning the same incident without properly examining whether the complaints disclosed separate criminal offences.
What Was The Puttur Stalking Incident
The case originated from an incident reported in Puttur in July 2026. According to the prosecution, six young men allegedly followed a woman in an SUV, stalked her, and threatened her with a knife.
The incident was reportedly captured on CCTV cameras and later covered by different media organisations.
The incident attracted public attention after reports appeared on social media and other news platforms. The administrator of Karnataka Portfolio reposted a news report about the incident on his X account, formerly known as Twitter. The post carried the caption:
“Law and Order under Fire: Six held after Hindu woman alleges knife threat in Puttur.”
The repost became the subject of a police complaint.
Why Was The FIR Registered Against Karnataka Portfolio Admin
According to the prosecution, the complainant alleged that the social media post contained false information and could create communal tension.
The complaint claimed that the reposted report could promote disharmony between communities. Following the complaint, Puttur Town Police registered Crime No. 88 of 2026 against Sandeep Kumar under Section 353(2) of the BNS.
The administrator challenged the FIR before the Karnataka High Court. His counsel argued that the post merely shared information already available in the public domain.
The petitioner also argued that he was not the original author or creator of the report and that the post did not identify any religious community or group. According to the petitioner, the post simply reported an alleged criminal incident and questioned the law-and-order situation.
Seven FIRs Registered Over The Same Incident
One of the important issues before the Karnataka High Court was the registration of multiple FIRs concerning the same Puttur incident.
The petitioner informed the court that seven FIRs had been registered against different individuals and media organisations in connection with the incident. The court expressed concern about the repeated registration of criminal cases over the same incident.
Justice M Nagaprasanna observed that police authorities appeared to have registered successive cases without properly examining whether the allegations contained the necessary ingredients of an offence.
The court stressed that criminal proceedings cannot be initiated mechanically simply because a complaint has been filed. Police must examine the allegations and determine whether they disclose a legally recognised offence. The court also referred to the need to prevent unnecessary criminal proceedings and protect individuals from arbitrary police action.
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The Karnataka High Court examined the social media post and the allegations made in the complaint.
The court noted that the underlying incident involved serious allegations of stalking and threats against a woman. However, it observed that the administrator had only reposted a report about the incident.
The court questioned what else could reasonably be reported if an incident involving alleged stalking and threats could not be discussed on social media. The judge also noted that the post did not name any religious group or community.
According to the court, the post was a simple report of an incident and did not establish an intention to create communal disharmony. The court therefore found that the essential legal requirements for the alleged offence were missing.
Section 353(2) BNS: What Does The Law Say
Section 353(2) of the Bharatiya Nyaya Sanhita deals with statements, reports, rumours, or information that may promote public mischief in circumstances specified under the law. For the provision to apply, the prosecution must establish the necessary legal ingredients.
These include the required intention or likelihood of promoting enmity, hatred, or ill-will between specified groups or communities. The court emphasised that merely publishing or sharing a report does not automatically establish an offence.
Police must examine the content of the statement, its context, and whether it satisfies the legal requirements. The court also referred to earlier judgments, including Bilal Ahmed Kaloo v. State of Andhra Pradesh and Javed Ahmad Hajam v. State of Maharashtra. These decisions were considered while examining the importance of intention and the effect of the alleged statement.
Karnataka High Court Issues Guidelines To Prevent Unnecessary FIRs
The Karnataka High Court issued several guidelines to prevent the mechanical registration of criminal cases and unnecessary police action.
The guidelines are intended to ensure that police authorities follow legal requirements before registering cases involving social media posts or similar complaints.
1. Police Must Examine The Essential Ingredients Of An Offence
Police officers must carefully examine whether the allegations disclose the essential ingredients of the offence. Simply mentioning or reproducing a section of the law in a complaint is not enough. The allegations must contain facts that legally support the offence being alleged.
2. No Multiple FIRs For The Same Incident Without Proper Examination
Police must check whether an FIR has already been registered concerning the same incident or identical social media expression. A fresh FIR should not be registered merely because another person has filed a complaint about the same incident. Authorities must examine whether the new complaint discloses a separate offence.
3. Preliminary Inquiry Must Follow Legal Requirements
The court said police should consider conducting a preliminary inquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), wherever legally permitted. However, a preliminary inquiry cannot be used to avoid registering an FIR when the law requires registration of a cognizable offence. Police must follow the statutory procedure and ensure that the inquiry is conducted properly.
4. Section 353(2) BNS Must Not Be Applied Without Required Ingredients
Before applying Section 353(2) of the BNS, police must examine whether the statement contains the necessary elements. Authorities must consider the intention behind the statement and whether it relates to the specified groups or communities under the law. Mere criticism, reporting, or sharing of information is not sufficient by itself to establish the offence.
5. Arrests Must Not Be Made Automatically
The Karnataka High Court clarified that registration of an FIR does not automatically mean that the accused must be arrested.
Police must follow Section 35 of the BNSS and the legal principles established by the Supreme Court. Authorities must examine whether an arrest is necessary and comply with the required safeguards. The court also referred to the principles laid down in Arnesh Kumar v. State of Bihar.
6. Karnataka Police Leadership Must Ensure Compliance
The court directed the Director General and Inspector General of Police, Karnataka, to ensure that the guidelines are brought to the attention of all jurisdictional police officers. The police leadership must ensure that officers follow the legal requirements while registering FIRs and exercising arrest powers. The direction aims to prevent unnecessary criminal proceedings and protect the rights of individuals.
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The Karnataka High Court examined whether the social media post could legally be treated as an attempt to promote communal disharmony.
The court noted that the post did not identify any religious group or community. It also found that the administrator was reporting an incident that had already been covered by media organisations.
The court observed that the complaint and the post did not establish the required intention to create enmity between communities. The judgment highlights the importance of examining social media posts in their full context instead of treating every controversial statement as a criminal offence.
Karnataka High Court Relies On Supreme Court Guidelines
The court referred to the Supreme Court’s decisions in Satender Kumar Antil v. CBI and Arnesh Kumar v. State of Bihar while examining police powers and arrest safeguards.
It also referred to the principles discussed in Nalla Balu v. State of Telangana. These decisions underline the importance of following legal procedures and avoiding unnecessary arrests.
The Karnataka High Court stressed that police authorities must act according to the law rather than register cases or make arrests automatically. The court’s directions seek to ensure that criminal proceedings are supported by legally sufficient allegations.
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FAQs
The court directed police to examine the essential ingredients of an offence, avoid unnecessary multiple FIRs over the same incident, conduct preliminary inquiries where permitted, and follow legal safeguards before making arrests.
The Karnataka High Court quashed the FIR because the social media post merely reported an alleged stalking incident in Puttur. The court found that the post did not contain the essential ingredients of an offence under Section 353(2) of the BNS.
No. The Karnataka High Court clarified that registration of an FIR does not automatically require arrest. Police must follow Section 35 of the BNSS and applicable Supreme Court guidelines before making an arrest.
