The Supreme Court expressed concern over the growing use of criminal defamation, observing that “the time has come” to consider decriminalising the colonial-era law.
The remarks came while hearing a plea challenging summons issued by a magistrate’s court in a criminal defamation case concerning an online article related to Jawaharlal Nehru University (JNU).
“I think time has come to decriminalise all this…" Justice Sundresh said, as per a report by Bar and Bench.
Section 356 of the Bharatiya Nyaya Sanhita (BNS) criminalises defamation. It replaced Section 499, the earlier provision for criminal defamation, under the Indian Penal Code (IPC).
Criminal defamation in the BNS is defined as an “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".
The bench of Justices MM Sundresh and Satish Chandra Sharma made the remark, noting that the law was being misused by individuals and political parties to “get even.”
The Supreme Court was hearing a petition challenging summons issued to the online news portal The Wire in a defamation case filed by JNU professor Amita Singh. The court has issued a notice to the professor on a plea moved by the Foundation for Independent Journalism, which runs The Wire.
The Court questioned the prolonged duration of the case, asking, “How long will you go on dragging this?” The case was originally filed in 2016. A magistrate had first issued summons to The Wire in February 2017. Last year, the top court set aside those summons and asked the magistrate to reconsider. However, the magistrate reissued the summons in January this year, which was upheld by the Delhi High Court on May 7.
India remains one of the few democratic countries where defamation is a criminal offence, whereas most democracies provide for civil remedies.
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