SC upholds constitutional validity of penal laws on defamation
Posted on:13 May 2016 18:17:28
Free Current Affairs to Your Email
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.
FreshersLive - No.1 Job site in India. Here you can find latest 2017 government as well as private job recruitment notifications for different posts vacancies in India. Get top company jobs for both fresher and experienced. Job Seekers can get useful interview tips, resume services & interview Question and answer. Practice online test free which is helpful for interview preparation. Register with us to get latest employment news/rojgar samachar notifications. Also get latest free govt and other sarkari naukri job alerts daily through E-mail.