Delhi High Court Mandates X's Participation in Sahyog Portal for Crime Investigations
In a significant ruling, the Delhi High Court has declared that social media platform X cannot seek exemption from joining the Sahyog portal in cases involving crime or police investigations. The court emphasized that online intermediaries are legally obligated to provide timely cooperation to law enforcement agencies, underscoring the critical role of digital platforms in aiding criminal probes.
Court Rejects Safe Harbour Defence for Portal Participation
During a hearing on Friday, the court clarified that the "safe harbour" protections available to intermediaries under Section 79 of the Information Technology Act do not shield platforms from participating in the Sahyog portal. A bench comprising Justices Prathiba M Singh and Amit Sharma observed orally, "The existing safe harbour provisions, in the opinion of this court, do not give you protection to that extent that you can refuse and say that in the case of crimes we cannot come on board."
This statement was made while hearing a plea by X Corp seeking discharge from proceedings related to delays in furnishing information to Delhi Police. The proceedings originated from a habeas corpus case involving a 19-year-old Delhi boy who has been missing since January 10, 2024, with the high court actively monitoring police efforts in the matter.
X Corp's Position and Legal Challenges
X Corp argued that it had fully cooperated with the investigation and had separately challenged the directive to join the Sahyog portal before the Karnataka High Court, where its appeal is currently pending. The company's counsel contended that the present proceedings were limited to the missing person case and that joining the portal was optional as per the government's own description.
However, the Delhi High Court noted that the current system requires investigating officers to contact each platform individually, which is impractical in urgent situations. The bench remarked, "Every investigating officer of every police station in the country can't go to 30–40 platforms to get information. It is impossible," highlighting that several countries utilize centralized law-enforcement request portals to streamline such processes.
Purpose and Adoption of Sahyog Portal
The Sahyog portal has been specifically designed to automate notices to intermediaries under the IT Act and accelerate the removal of unlawful content. To date, over 60 intermediaries have joined the portal, reflecting its growing adoption among digital platforms. The court indicated that the need for timely information in criminal cases justifies this centralization approach, arguing that it enhances efficiency and responsiveness in law enforcement operations.
Background on Legal Proceedings
A single-judge bench of the Karnataka High Court had earlier dismissed X Corp's challenge to the portal on September 24, 2025. The company's appeal against this decision is now pending before a division bench, adding another layer to the ongoing legal battle over intermediary responsibilities and law enforcement cooperation in India.
This ruling by the Delhi High Court sets a precedent for how social media platforms must engage with investigative authorities, balancing platform autonomy with public safety concerns in the digital age.
