Court Allows Investigation to Continue for Charges Under Sections 120B, 505(2) of IPC and IT Act, While Dropping Charges Under Section 153
In a significant judgment, the Andhra Pradesh High Court on May 7, 2026, partially quashed the FIR against Lagadapati Praveen Kumar and others in a case involving the circulation of defamatory content on social media. The court dismissed charges under Section 153 of the Indian Penal Code (IPC), which deals with wantonly giving provocation with intent to cause a riot, due to a lack of evidence of rioting or malicious intent to provoke violence. However, the court upheld the continuation of investigations under Sections 120B and 505(2) of the IPC, as well as Section 66 of the Information Technology Act, 2000.
The case emerged from a social media post claiming the arrest of the complainant, a local businessperson and son of a Member of the Legislative Assembly, in a drug-related case. This false propaganda allegedly damaged the reputations of the complainant and his family, prompting the filing of an FIR.
Justice K. Sreenivasa Reddy emphasized that the mere circulation of false information without evidence of rioting does not constitute an offence under Section 153. Yet, he acknowledged that the allegations under Section 505(2), which involves statements conducing to public mischief and promoting enmity between groups, warranted further investigation. The court also noted that the FIR's role is to initiate an investigation rather than serve as formal evidence.
The judgment maintains the legal proceedings for conspiracy and public mischief, allowing the police to investigate the involvement of the accused in these charges. The court's decision highlights the nuances of applying defamation laws in the digital age, balancing the freedom of speech with protection against malicious misinformation.
Bottom line:-
Section 153 of IPC requires proving malicious intent to provoke violence or create public disorder. Mere criticism or false propaganda without direct evidence of rioting does not attract this provision.
Statutory provision(s): Indian Penal Code Sections 153, 120B, 505(2); Information Technology Act, 2000 Section 66; Criminal Procedure Code Section 482
Lagadapati Praveen Kumar v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2895304
