Context:
Law Commission recommended that the offence of criminal defamation should be retained in the new criminal laws
Criminal Defamation:
- Criminal Defamation – A type of crime where a person, by words or by visible representation, makes or publishes any imputation concerning any person intending to harm the reputation of such person
- Defined in – Section 499 and Section 500 IPC
- Section 499 of IPC – Defines Defamation and cites exceptions (imputation of truth which is required for the “public good”)
- Section 500 – Defines punishment for defamation (Imprisonment upto 2 years, or fine, or both)
- Other laws –
- Code of Criminal Procedure (CrPC)
- Indian Evidence Act
- Information Technology Act (IT Act)
- Representation of People Act, 1951
- Constitutional Provision –
- Article 19(2)– Permits restricting speech in the interests of protecting the private interest in a reputation
- Article 21 – Right to reputation as a part of the right to life
- Position of Defamation in Bhartiya Nyaya Sanhita, 2023 (BNS) – Section 356
- 2 types of Defamation in India – Civil and Criminal Defamation
Civil and Criminal Defamation:
| Criminal Defamation | Civil Defamation | |
| Covered under | Sections 499 and 500 of IPC | Law of Torts |
| Terms of punishment | May involve both jail time and monetary punishments in the form of fines. | Generally only result in monetary damages |
| Standard of proof | Must be proved “beyond a reasonable doubt” | Proved by lower standards of proof such as “the preponderance of the evidence” |
Supreme Court Judgements:
- Shreya Singhal Vs. Union of India – Declared Section 66A of the IT Act, 2000 unconstitutional saying excessive state encroachment on freedom of speech expression can’t be saved under Article 19(2) taking about reasonable restrictions on free speech.
- Ram Jethmalani v. Subramanian Swamy – Supreme Court held that there is a difference between fair criticism and defamation, and that criticism is not defamation unless it is made with the intent to harm the reputation of the person.
Source: The Indian Express
Previous Year Question
‘Right to Privacy’ is protected under which Article of the Constitution of India?
[UPSC Civil Service Exam – 2021 Prelims]
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Answer: (c)
