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The Law of Criminal Defamation Report
February 11 , 2024
160 days
286
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- The 22nd Law Commission of India has submitted its Report No. 285 titled “The Law of Criminal Defamation” to the Government.
- It has recommended that criminal defamation should be retained within the scheme of criminal laws in India.
- The right to reputation is derived from Article 21 of the Constitution that guarantees the right to life and personal liberty.
- The whole jurisprudence around the law on criminal defamation has the essence of protecting one’s reputation and its facets.
- Noting that it could be argued that criminal prosecution for defamatory statements stands opposed to the freedom of speech and expression.
- Speech ought to be illegal only where it is meant to do substantial harm and when such harm materialises.
- The Bharatiya Nyaya Sanhita, 2023 has added a provision of community service as an additional punishment.
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