Andhra Pradesh: The Andhra Pradesh High Court has issued a stringent circular directing all judicial magistrates to strictly comply with the principles laid down in the Arnesh Kumar judgment before remanding accused persons, particularly in cases involving social media posts and comments.
The Registrar (Judicial) issued Circular No. 2025 on July 5, 2025, addressing growing concerns over multiple FIRs being registered across different police stations based on a single social media post, especially where the maximum sentence prescribed is less than seven years.
The court highlighted the increasing instances of remanding accused persons without adherence to legal standards, stating:
“It has been brought to the notice of the High Court that most Judicial Magistrates are remanding the accused in cases pertaining to social media postings/comments without adhering to the principles laid down in Arnesh Kumar v. State of Bihar.”
The circular references the Supreme Court’s recent decision in Imran Pratap Gadhi v. State of Gujarat (March 28, 2025), which underscored the need to prevent misuse of criminal law to stifle free expression.
Elaborating on procedural safeguards, the court noted:
“The Hon’ble Supreme Court of India, with an aim to prevent misuse of criminal law to stifle free expression, while quashing the FIR, held that the police, before registering an FIR involving speech, writing, or artistic expression (where the offences carry 3–7 years of imprisonment), must conduct a preliminary enquiry under Section 173(3) of the B.N.S.S.”
The court mandated that such enquiries:
“Shall be preceded by approval from a Deputy Superintendent of Police and must be concluded within fourteen (14) days.”
The High Court directed all Judicial Magistrates to ensure compliance before ordering remand in such cases. The circular states:
“All Judicial Magistrates are hereby instructed to satisfy themselves, before ordering remand—particularly in cases relating to social media postings/comments—that the Investigating Officer has complied with the law laid down in the Arnesh Kumar and Imran Pratap Gadhi cases.”
Magistrates are also required to verify specific conditions before granting remand, including whether:
- The accused has committed repeated or multiple offences;
- The accused may influence witnesses or tamper with evidence if not remanded;
- Custodial investigation is necessary.
The High Court issued a stern warning:
“All Judicial Magistrates shall follow the circular instructions scrupulously, and any deviation in this regard will be viewed very seriously.”
It further stated:
“Judicial Magistrates who violate the circular will render themselves liable for contempt of the High Court, in addition to facing departmental enquiry.”
The circular has been directed to be uploaded on the High Court’s official website and circulated among all judicial officers in their respective units across the state.
This directive comes amid increasing concern about the misuse of criminal law provisions to suppress freedom of expression, particularly in the digital era where a single social media post can lead to multiple FIRs across jurisdictions.
