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SC upholds constitutional validity of penal laws on defamation

SC upholds constitutional validity of penal laws on defamation
13 May 2016 Current Affairs: The Supreme Court has upheld constitutional validity of penal laws on defamation as the right to life under Article 21 includes the right to reputation. Ruling in this regard was given by two-judge SC bench of Justices Dipak Misra and Justice Prafulla C Pant on combined petitions filed by a number of politicians and public figures.

Legal Provisions on defamation : Sections 499 and 500 of the Indian Penal Code (IPC), 1860 make defamation a criminal offence. As per Indian law’s defamation cases are both a civil wrong and a criminal offence. In a criminal wrong a person can invite imprisonment up to two years as per section 500 of IPC, while in a civil wrong a person may be sued for monetary compensation.

Supreme Ruled that  : Freedom of Right to speech and expression enshrined under Article 19 of Constitution does not confer any right to a person to trample the reputation of others. Right to free speech is not absolute, so it does not mean freedom to hurt another’s reputation which is protected under Article 21 of the Constitution. Defaming a person amounts to offence against society and the government is entitled to lodge a case against a person under criminal defamation law. Magistrates across the country to observe extreme caution while issuing summons in private defamation complaints. Henceforth the interim protection will continue and criminal proceedings will remain stayed before trial court.

 


December 2016 Current affairs
9 DEC
NEWS
8 DEC
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7 DEC
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6 DEC
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5 DEC
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3 DEC
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November 2016 Current affairs
30 NOV
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29 NOV
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28 NOV
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26 NOV
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25 NOV
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October 2016 Current affairs
31 OCT
NEWS
27 OCT
NEWS
26 OCT
NEWS
25 OCT
NEWS
24 OCT
NEWS
22 OCT
NEWS

September 2016 Current affairs
30 SEP
NEWS
29 SEP
NEWS
28 SEP
NEWS
27 SEP
NEWS
26 SEP
NEWS
24 SEP
NEWS

August 2016 Current affairs
31 AUG
NEWS
30 AUG
NEWS
29 AUG
NEWS
27 AUG
NEWS
26 AUG
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25 AUG
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