Subramanian Swamy v Union of India (2016)

BNS · Defamation & Criminal Intimidation

Facts.

The constitutionality of criminal defamation (ss.499–500 IPC) was challenged as violating free speech.

Issue.

Is criminalising defamation a valid restriction on Article 19(1)(a)?

Held.

Yes. Reputation is an intrinsic part of the right to life under Article 21, and criminal defamation is a reasonable restriction on free speech under Article 19(2). The provisions (now s.356 BNS) are valid.



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