Can I be arrested for a Facebook post criticising a politician, is it not my freedom of speech?

Detailed Legal Analysis

Freedom of speech and expression is a fundamental right under Article 19(1)(a) of the Constitution of India, but it is subject to reasonable restrictions under Article 19(2) on grounds including sovereignty, public order, decency, and defamation. The Supreme Court in Shreya Singhal v.

Union of India (2015) struck down Section 66A of the IT Act for being vague and overly broad, holding that the right to free speech includes the right to dissent and criticise, and mere criticism of a politician does not amount to an offence. However, if your post contains defamatory content, incites violence, or promotes enmity between groups under Section 153A IPC, you can be prosecuted, but mere criticism or political opinion is protected speech.

If you have been arrested for a lawful post, you can challenge the arrest as unconstitutional in the High Court under Article 226 or the Supreme Court under Article 32, and seek quashing of the FIR. You can also claim damages for violation of your fundamental right and the police officers can be held accountable for misuse of process.