Kanoon SamjhoIndian law, made simple
Constitution

Can I be arrested for a social media post criticising the government?

Simple answer

Criticising the government or its leaders is free speech, not a crime. A post is an offence only if it breaks a specific law — like inciting violence, spreading hatred between groups, defamation or obscenity. Even then, for most such offences police usually send a notice before any arrest.

Real-life examples

Rahul posts that a new state policy is a 'disaster' and the minister should resign. This is opinion and criticism, which Article 19(1)(a) protects. Strong or unpopular views are not a crime.

Gurpreet forwards a fake video claiming a community is planning attacks and asks people to 'teach them a lesson'. This can be the offence of promoting enmity and spreading false, alarming news (BNS 196, 353). Free speech does not protect it.

Ayesha's FIR mentions IT Act Section 66A. The Supreme Court struck down 66A in 2015, so no one can be prosecuted under it. Her lawyer can ask for that charge to be dropped.

What should you do?

  1. 1Ask the police for the FIR number and the exact sections, and get any notice in writing.
  2. 2Save screenshots of your post with its date, comments and full context.
  3. 3If you get a notice to appear (BNSS Section 35), go on the given date with a lawyer and cooperate.
  4. 4If the FIR seems baseless, ask a criminal lawyer about anticipatory bail or asking the High Court to quash it.
  5. 5Can't afford a lawyer? Call NALSA at 15100 for free legal aid.

Exceptions & limits

  • Free speech can be limited by law on grounds listed in Article 19(2), such as public order, security of the State, decency, defamation, contempt of court and incitement to an offence.
  • The government can order platforms to block posts under IT Act Section 69A. Your post may be removed even if you are not charged.
  • Government employees must follow service conduct rules that limit public criticism of government policy, and can face departmental action.

Official legal reference

  • Constitution of India — Article 19(1)(a), 19(2)

    Every citizen has freedom of speech and expression, subject to reasonable restrictions on listed grounds like public order and defamation.

    Read the official text

  • Shreya Singhal v. Union of India (2015)

    Struck down IT Act Section 66A. Discussion and advocacy, even if unpopular, are protected; only incitement can be punished.

  • Imran Pratapgadhi v. State of Gujarat (2025)

    Quashed an FIR over a poem posted online; police must read the words carefully and protect views even when many people dislike them.

  • Bharatiya Nyaya Sanhita, 2023 — Sections 196, 353

    Crimes of promoting enmity between groups, and of spreading statements or false news meant to cause public fear or hatred.

    Earlier: IPC Sections 153A, 505Read the official text

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 35

    Police may arrest without a warrant only on set conditions; in other cases they issue a notice to appear.

    Earlier: CrPC Sections 41, 41ARead the official text

Where to get help

NALSA Free Legal Aid

Free lawyer and legal advice for eligible people through Legal Services Authorities.

Call 15100nalsa.gov.in

Source & status

Applies to
All of India
Law in force since
26 Jan 1950
Legal review
Draft — awaiting lawyer review

Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.

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