Criminal Defamation: The Concept Of Criminal Defamation Behind Bars

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Putting expression behind bars!! The concept of Criminal Defamation is a hot piece of cake in front of the Supreme Court. To get an insight, we need to know “what defamation is?” Defamation is derived from a Latin word ‘Diffamare’ which means ‘Spreading evil report about someone’. It causes damage to another person’s reputation. Defamation occurred in spoken words or gestures is slander, whereas if done in written or printed form, it's libel. Defamation is punishable as a civil wrong under The Law of Tort and as a criminal wrong under sections 499 and 500 of The Indian Penal Code. Section 499 and 500 of IPC makes defamation punishable, with a maximum Imprisonment of two-year or with fine, or with both. The concept was called into question, when criminal defamation proceeding was initiated against Delhi Chief Minister Arvind Kejriwal by Union Transport Minister Nitin Gadkari and city lawyer Surender Sharma for allegedly making defamatory remarks. The complainant claimed, “Defamatory, unlawful and derogatory words have been used by the accused person” which has lowered his reputation in the Bar and Society. Another well …show more content…

A defamatory statement is one such restriction. With the term “reasonable restriction”, it connotes that the enjoyment of the right should not be arbitrary or excessive in nature, which is beyond what is required in the interests of the public, there should be intelligent care and deliberation in the choice of course. The Constitution and Parliament had decided to retain criminal defamation provisions as a safeguard against persons making wild and baseless allegations against others. The Supreme Court Bench led by Justice Dipak Misra and P C Pant is of the view that criminal defamation as an offence under IPC was framed in 1860 much before when the Constitution came into force i.e., 1950 and it was high time to judge its

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