New Delhi, March 29 — The Supreme Court has ruled that police must conduct a preliminary inquiry before registering FIRs in cases involving free speech if the alleged offences carry imprisonment between three and seven years.
A Bench led by Justice AS Oka issued the directive while quashing a Gujarat Police FIR against Congress MP Imran Pratapgarhi, who was accused of posting a provocative poem online. The court emphasized that Article 19(2) of the Constitution, which allows the state to impose “reasonable restrictions” on free speech, serves as an exception to the fundamental right guaranteed under Article 19(1)(a).
“Article 19(2) cannot be allowed to overshadow the substantive rights under Article 19(1), including the right to freedom of speech and expression,” the Bench stated, adding that any restriction must remain reasonable and not arbitrary.
Referring to Section 173(3) of the Bharatiya Nyaya Sanhita (BNSS), the court clarified that police officers, with prior approval from a superior officer, are empowered to conduct a preliminary inquiry when receiving information about cognizable offences punishable by three to seven years.
“In such cases, it is appropriate to exercise the option under Section 173(3) and conduct a preliminary inquiry to determine if a prima facie case exists,” the Bench stated. “Failing to do so could result in FIRs being filed against individuals exercising their fundamental rights under Article 19(1)(a), even when Article 19(2) is not applicable.”
The court cited the 2013 Lalita Kumari vs. State of Uttar Pradesh ruling, where a five-judge Constitution Bench held that a preliminary inquiry is permissible if the information received does not disclose a cognizable offence but indicates the need for further assessment.
