Is it legal to Forward Fake News or Controversial Content on Social Media?

Under the Bharatiya Nyaya Sanhita (BNS) and the IT Amendment Rules, 2026, the legality of a "forward" depends entirely on Intent (Mens Rea) and your Public Stature.

In the recent Konatham Dhilip Kumar case, the Telangana High Court ruled that mere forwarding is not an offence under Section 353 BNS unless there is a specific intent to incite mischief or hatred. The court clarified that without "criminal intent," a user cannot be held liable for content they didn't create.

However, a conflicting precedent from the Madras High Court warns that forwarding a message is akin to "acknowledging and approving" its contents.

For individuals with high social standing or many followers, courts expect a higher degree of caution.