Voices. Verdicts. Vision

Voices. Verdicts. Vision

Andhra Pradesh High Court warns Magistrates on Unlawful Remand in Social Media Offence Cases

The Andhra Pradesh High Court has issued a directive to all Judicial Magistrates to strictly adhere to the principles laid down in Arnesh Kumar v. State of Bihar, 2014 AIR SCW 3930 and Imran Pratapgarhi v. State of Gujarat, 2025 INSC 410 before ordering remand in cases involving social media posts or comments, where the alleged offences are punishable with less than seven years of imprisonment.

The Court emphasized that Magistrates must ensure police compliance with preliminary enquiry procedures and obtain necessary approvals prior to arrest or remand. Failure to do so, the Court cautioned, may invite contempt proceedings and disciplinary action against the Magistrates.

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