NCLAT: IRP Has Authority to Take Possession of Assets Owned by Corporate Debtor  ||  NCLAT: NCLT Can Direct Forwarding a Copy of its Order to Relevant Statutory Authorities  ||  Delhi HC: Centre to Expedite Process of Accessibility Features in OTT platforms for PwDs  ||  Delhi HC: Once Worker Provides Testimony Under Oath ‘Burden of Proof’ Shifts on Employer  ||  SC: There Cannot be Discrimination in Matter of Payment of Pension to Retired Judges  ||  SC: India is Not a Dharamshala that Can Entertain Foreign Nationals from All Over  ||  SC: Can Quash Domestic Violence Act Complaints Under Section 482 of CrPC  ||  Supreme Court: Can’t Use Statement of One Accused against Another  ||  SC: Inclusion of Name in Draft NRC Cannot Annul Foreigners Tribunal’s Declaration as Non-Citizen  ||  Supreme Court: Minimum Practice of 3 Years Mandatory to Enter Judicial Service    

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

Criminal defamation provisions to stay

Criminal

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

Tags : CRIMINAL DEFAMATION   CONSTITUTIONAL VALIDITY   MISUSE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved