A.P. HC directs magistrates on social media remand

Key Points

• 1The Andhra Pradesh High Court instructed judicial magistrates to “satisfy themselves” before ordering remand, especially in cases related to social media posts or comments.
• 2Magistrates must ensure investigating officers comply with Supreme Court judgments in Arnesh Kumar vs State of Bihar and Imran Pratapgarhi vs State of Gujarat.
• 3The circular stated, deviation from these instructions would be viewed seriously, potentially leading to contempt charges and departmental inquiry.
• 4The Supreme Court held that police must conduct a preliminary inquiry under Section 173 (3) of the Bharatiya Nagarik Suraksha Sanhita before registering an FIR for offences involving speech with imprisonment between three to seven years.