The Supreme Court on Monday indicated that the colonial-era criminal defamation law urgently needs re-examination, observing that it is often wielded by individuals and political parties to “get even”.
A bench of Justices MM Sundresh and Satish Chandra Sharma voiced concern over the rising misuse of the provision under Section 356 of the Bharatiya Nyaya Sanhita (BNS), which replaced the earlier Section 499 of the Indian Penal Code (IPC). “I think time has come to decriminalise all this…" Justice Sundresh remarked, according to Bar and Bench.
Criminal defamation under the BNS criminalises “imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person" through “words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner".
Also read: SC rejects Jacqueline Fernandez's plea to drop ₹215-crore ED case
The bench was hearing a petition by the Foundation for Independent Journalism, which runs the news portal The Wire, challenging a summons issued in connection with a defamation suit filed by JNU professor Amita Singh. The court also issued a notice to Singh.
The defamation case, originally filed in 2016, has seen repeated summons and judicial intervention. A magistrate had issued summons to The Wire in February 2017, which the Supreme Court set aside last year, only for a fresh summons to be issued in January this year. The Delhi High Court upheld this in May.
The Supreme Court questioned the prolonged litigation, asking, “How long will you go on dragging this?” Observers noted that India remains among the few democracies where defamation is still a criminal offence, while most countries provide for civil remedies.
Follow us
