The Telangana High Court has held that mere forwarding of social media content does not constitute an offence under the Bharatiya Nyaya Sanhita (BNS), unless there is clear evidence of criminal intent.
The Court quashed an FIR against individuals accused of spreading “fake news,” observing that simply sharing or forwarding content without intent to incite public disorder, enmity, or harm does not satisfy the legal ingredients of the offence.
The Court emphasised that mens rea (criminal intent) is a fundamental requirement in such cases, and innocent or unaware sharing of content cannot be criminalised.
It warned that prosecuting individuals for mere forwarding would amount to an abuse of the legal process, while clarifying that deliberate dissemination of false information with malicious intent can still attract liability.
