In its 285th report, the 22nd Law Commission has recommended that criminal defamation should be retained within the scheme of criminal laws in India.
Key points
- It emphasised that not all utterances and publications are worthy of protection of the free speech rights.
- The Commission underlined that the right to reputation is a facet of Article 21 (right to life and live with dignity) of the Constitution that needs to be “adequately protected against defamatory speech and imputations”.
- Reputation cannot be allowed to be jeopardised just because a person must enjoy his freedom of speech at the expense of hurting the sentiments of others.
- There is no absoluteness in any of the rights and both have to be harmoniously construed in the spirit to make the society peaceful and livable.
Defamation and Bharatiya Nyaya (Second) Sanhita, 2023
- The Bharatiya Nyaya (Second) Sanhita, 2023, which is yet to be notified, has opted to retain defamation as a penal offence albeit providing for community punishment as an alternative sentence.
- Under Section 356 of the BNS, Sections 499 and 500 of the IPC, which dealt with defamation, have been consolidated and the punishment of community service has been added.
- Under the new law, whoever defames another, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both or with community service.
- The Supreme Court, in the Subramaniam Swamy Vs Union of India (2016) case, had dismissed challenges to the constitutionality of the criminal offence of defamation, holding that it was reasonable restriction on the right to freedom of expression.
- The apex court had also found that there existed a constitutional duty to respect the dignity of other.
