Del. HC: Liquidated Damages Mentioned in Agreement Can’t be Awarded in Absence of Proof of Loss  ||  MP HC: S.375 Marital Sex Exemption Also Provides Exemption Under Section 377 of IPC  ||  SC: SARFAESI Doesn’t Give Any License to Bank Officers to Act Against the Scheme of Law  ||  All. HC: Court Can’t Mechanically Reject Application for Waiving Off Cooling Period u/s 13B of HMA  ||  Kar. HC: Acquittal Order Can’t be Put in Challenge by Stranger to the Case  ||  Kar. HC: Alternate Remedy Can’t be Used as China Wall Against Invocation of Writ Jurisdiction  ||  Bom. HC Upholds Constitutional Validity of Goa’s Green Cess Act  ||  Del. HC: Not Court’s Business to Demonstrate Morality of an Act unless it has Caused Harm  ||  Del. HC: Cost Accountants and Chartered Accountants Not Similarly Placed Under Law  ||  SC: No Party Ought to be Vexed Twice in a Litigation for One and the Same Cause    

Subramanian Swamy v. Union of India & Ors. - (Supreme Court) (13 May 2016)

Criminal defamation provisions to stay


The Supreme Court upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 CrPC, provisions that deal with matters of defamation.

In a rare display of bipartisanship, the upper echelon of political parties BJP, AAP and Congress had sought striking down of the provisions for being unreasonable, stultifying constitutional freedom of expression and ultimately bringing-in arbitrariness.

The court reiterated that the law of the land should not be abused to settle vendetta or personal vengeance. However, rather than repeal the law, it called for greater scrutiny at the time of taking cognisance of such matters.

Criminal proceedings for defamation are misused frequently, and on an industrial scale, for the relatively lower barriers of entry into the criminal justice system. Used in political contexts, the laws have received much public attention in recent times for their use to intimidate and as political bargaining tools.

Relevant : Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others MANU/SC/1090/1998 N. Ravi and Ors. vs. Union of India (UOI) and Ors. MANU/SC/1314/2004 In Re: The Special Courts Bill, 1978 MANU/SC/0039/1978 Section 499 IPC Act


Share :        

Disclaimer | Copyright 2023 - All Rights Reserved