A Delhi court has directed the registration of an FIR against social media user Karishma Aziz over a series of posts and videos allegedly containing derogatory references to Hinduism, Hindu religious figures, historical personalities and Prime Minister Narendra Modi.
Chief Judicial Magistrate Mridul Gupta of the Patiala House Courts passed the order while allowing an application moved by advocate Amita Sachdeva under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking registration of an FIR and a police investigation.
The complaint alleged that Aziz had published multiple posts between February and April 2025 which allegedly made objectionable references to Hindu religious beliefs and figures, Prime Minister Modi, Chhatrapati Shivaji Maharaj and freedom fighter Vinayak Damodar Savarkar. The complainant also alleged that certain posts sought to portray Mughal ruler Aurangzeb favourably while making disparaging references to Hindu historical figures.
The allegations further included claims that some of the social media content could promote communal disharmony.
During the proceedings, the Cyber Police Station, South, Saket, submitted a status report before the court. The police stated that some of the material contained obscenity and content directly targeting Hinduism, while also characterising portions of the posts as political or historical commentary, criticism and satire. The police further stated that its preliminary inquiry had not revealed evidence of a deliberate attempt to incite communal disharmony.
The court, however, noted that the proceedings at this stage were not concerned with conclusively determining whether the allegations were ultimately proved or whether the accused would incur criminal liability.
The Magistrate observed that Section 175(3) of the BNSS empowers a court to direct registration of an FIR where the material placed before it prima facie discloses a cognisable offence and police investigation is warranted for gathering evidence that may not be accessible to the complainant.
The court noted that the complaint did not relate to a solitary statement but concerned a series of posts and videos allegedly uploaded over a period of time. It also took note of the electronic nature of the material and the need to ascertain the authorship and operation of the social media account, besides examining the dissemination of the content and preserving relevant digital evidence.
The court observed that questions concerning whether the disputed material constituted protected political commentary, satire, criticism or historical opinion, or instead crossed the threshold into criminality under the provisions invoked by the complainant, would have to be examined during investigation.
It further held that such electronic evidence was not entirely within the complainant’s control and could require investigative measures for its collection and preservation.
Upon considering the allegations, the material placed on record and the nature of evidence required to be gathered, the court concluded that the complaint disclosed cognisable offences warranting investigation.
Accordingly, the application was allowed and the Station House Officer of the Cyber Police Station was directed to register an FIR on the basis of the complaint and proceed with the investigation in accordance with law.
The SHO has also been directed to submit a compliance report before the court within one week.
Importantly, the court clarified that its order does not constitute a finding on the merits of the allegations against Aziz. The question of whether the disputed posts attract criminal liability remains subject to investigation and further proceedings.
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