Defamation
/ˌdɛfəˈmeɪʃən/
Tort / Criminal Law Term
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Definition
The publication of a false statement of fact that damages the reputation of a person. In India, defamation has both civil and criminal aspects. Civil defamation (under tort law) entitles the victim to damages. Criminal defamation (Sections 499–500 IPC / Section 356 BNS) is a cognizable, bailable, non-compoundable offence punishable with up to 2 years imprisonment. Truth is a complete defence in civil defamation and a partial defence in criminal defamation (if made for public benefit).
Examples
Case Study
In Subramanian Swamy v. Union of India (2016), the Supreme Court upheld the constitutional validity of criminal defamation (Sections 499–500 IPC), holding that reputation is a component of the right to life under Article 21 — criminalising defamation is a reasonable restriction on free speech under Article 19(2). The judgment was controversial and drew criticism from free speech advocates.
Key Cases
Subramanian Swamy v. Union of India
2016(2016) 7 SCC 221
Upheld constitutional validity of criminal defamation. Reputation is part of Article 21. Criminal defamation is a reasonable restriction on free speech under Article 19(2).
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