The Andhra Pradesh High Court has issued a Social Media Offense Remand Warning, instructing every Judicial Magistrate to strictly follow the Supreme Court’s Arnesh Kumar and Imran Pratapgadhi rulings before remanding any accused for social media posts. Failure to comply may invite contempt proceedings and departmental inquiry.
Background: Why the Social Media Offense Remand Warning Matters
Judicial remand is a serious deprivation of liberty. The High Court’s circular aims to:
- Curb mechanical remands in digital speech cases
- Ensure police and magistrates record valid reasons in writing
- Protect citizens’ rights under Articles 19 and 21 of the Constitution
Key Supreme Court Guidelines
| Case | Requirement |
|---|---|
| Arnesh Kumar v. State of Bihar [1997] | • Police must record arrest reasons in writing • Arrests for offenses <7 years imprisonment only if strictly necessary • Magistrates must scrutinize remand requests |
| Imran Pratapgadhi v. State of Gujarat | • Mandatory preliminary inquiry before FIR in speech/art expression cases (3–7 years) • Inquiry approved by DSP • Must conclude within 14 days |
Read the full text of Arnesh Kumar on the Supreme Court website and Imran Pratapgadhi on IndianKanoon.
Circular’s Main Directives
- Written Reasons for Remand
Magistrates must ensure the Investigating Officer has recorded specific grounds for custody, especially in social media offenses. - No Mechanical Approval
Remand only if:- The accused allegedly committed repeated or multiple offenses.
- Custody is necessary to prevent witness tampering or evidence destruction.
- Strict Compliance or Consequences
Any deviation will be considered contempt of court and trigger departmental inquiry.
Impact and Next Steps
- For Magistrates: Revise remand protocols to include written records and strict adherence to Supreme Court guidelines.
- For Lawyers: Cite this Social Media Offense Remand Warning during bail and remand hearings to protect clients’ rights.
- For Citizens: Understand that remand for online speech now carries an additional layer of judicial scrutiny.
Related Resources
- Internal Guide: Criminal Procedure Best Practices
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