Mere Forwarding Of Social Media Content Not An Offence Under BNS: Telangana High Court Quashes FIR Over Alleged Fake News

The Telangana High Court has quashed criminal proceedings against two individuals accused of circulating “fake news” on social media, holding that mere forwarding of content, without the requisite intent, does not attract offences under the Bharatiya Nyaya Sanhita.

A Single Judge Bench of Justice K. Sujana observed:

“Even assuming for a moment that the petitioners had circulated or forwarded such content, the essential ingredients of Sections 353(1)(c) and 353(2) of BNS are not attracted… The alleged posts, even if assumed to be made by the petitioners, do not satisfy the statutory requirements of Section 353 BNS. Therefore, continuation of proceedings against the petitioners would amount to an abuse of process of law.”

The Court accordingly allowed the criminal petition and quashed the FIR.

The case arose from FIR No.86 of 2025 registered at Nakrekal Police Station against the petitioners, who were arrayed as accused Nos.1 and 3 for offences under Sections 353 (statements conducing to public mischief) of the Bharatiya Nyaya Sanhita.

As per the complaint, a Congress party leader alleged that certain YouTube channels and television media had telecast false news linking him with an accused in the SSC Telugu Board exam paper leakage case. It was alleged that the petitioners and others had forwarded such content on social media platforms, thereby damaging his reputation, political career, and causing mental distress.

The petitioners contended that they had been falsely implicated due to political rivalry and that mere forwarding of content does not constitute a criminal offence. It was argued that there was no mens rea, nor any intention to incite enmity or hatred between communities—a necessary ingredient for invocation of the provisions under the BNS. They also pointed out that multiple FIRs had been registered for the same incident, and that this Court had already quashed proceedings against similarly placed accused in earlier petitions.

Opposing the petition, the State submitted that the complaint disclosed that the accused persons had deliberately circulated false news with the intent to harm the complainant's reputation, and that the investigation had revealed incriminating material, including social media posts. It was therefore argued that the FIR should not be quashed at the threshold.

Considering the rival submissions, the Court noted that the allegations stemmed from circulation of social media content relating to the SSC paper leakage case. However, it held that even if the allegations were accepted at face value, the statutory requirements of the invoked offences were not satisfied.

Significantly, the Court relied on its earlier common order dated 09.09.2025 in connected criminal petitions, where it had held that similar social media posts did not disclose any intent to incite communal enmity or disturb public tranquillity. The Court also reiterated that registration of multiple FIRs for the same incident constitutes an “abuse of process of law,” relying on the Supreme Court's decision in T.T. Antony v. State of Kerala and its own precedent.

Applying the same reasoning, the Court held that the present case was “squarely covered” by the earlier decision and that continuation of proceedings would be impermissible.

The Criminal Petition was accordingly allowed, and the proceedings in FIR No.86 of 2025 were quashed.

Case Title: Konatham Dhilip Kumar @ Konatham Dileep Reddy & Anr. v. State of Telangana & Anr

Case No.: Criminal Petition No.12721 of 2025

Appearance:

– For Petitioners: Sri T.V. Ramana

– For State: Sri Ramachandra Reddy, Additional Public Prosecutor

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