July 1, 2024
Why in News? West Bengal Governor CV Ananda Bose has recently filed a defamation case against Chief Minister Mamata Bannerji.
Defamation law in India protects individuals and their reputations from false and damaging statements.
Constitutional Provision:
Defamation in India can be both a civil wrong and a criminal offence.
Civil Defamation:
Criminal Defamation:
Defamation Law Framework:
Indian Penal Code (IPC):
Section 499: Defines defamation as making or publishing any imputation concerning a person intending to harm their reputation.
Punishment: Section 500 of the IPC prescribes punishment for defamation, including imprisonment for up to two years, a fine, or both.
Exceptions under Section 499: These exceptions protect certain types of statements, even if they could be seen as defamatory. Key exceptions include:
Truth: If the statement is true and is made for public good, it’s generally not considered defamation.
Fair Comment: Comments on a person’s conduct in the public discharge of their duties or regarding public interest matters are protected, as long as the comment is fair and not malicious.
Landmark Case:
Shreya Singhal vs. Union of India (2015): This case is a significant development in defamation law. It struck down Section 66A of the Information Technology Act, which criminalized online speech deemed “offensive.” This judgment highlighted the importance of free speech in a democracy.
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