Time to decriminalise defamation: Supreme Court (SC)

Posted 23 Sep 2025

2 min read

Article Summary

The Supreme Court suggests decriminalising defamation to protect free speech, prevent misuse, and balance reputation with individual rights, highlighting its impact on democracy and dissent.

During a recent hearing, the Supreme Court observed that the time has come to decriminalise defamation.

What is Defamation?

Defamation is the act of communicating false information spoken, written, or published that harms the reputation of a person, group, or the immediate relatives of a person.
- Broadly classified into two categories, either libel (written words, images, or published work) or slander (information that is spoken).
Provisions/Status in India
- Under Indian law, a plaintiff can choose to sue for defamation as a criminal offence and/or as a civil offence.
- Currently, Section 356 of the Bharatiya Nyaya Sanhita criminalises defamation, replacing the earlier Section 499 of the Indian Penal Code (IPC).

Why is there a need to Decriminalise Defamation?

Violates freedom of speech: Criminal defamation rules could restrict Article 19(1)(a) rights, as fear of legal consequences may deter public expression of views.
Silences dissent: Can be used by private individuals to intimidate critics.
Other: Threat to Freedom of the press, etc.

Recommendation and judgements related to Defamation

The Law Commission report (285th report): It stressed that reputation, a vital facet of Article 21, cannot be compromised for another’s freedom of speech at the cost of harming others’ sentiments.
The SC in Subramanian Swamy v. Union of India (2016) upheld criminal defamation, balancing free speech and the right to protect reputation.
State of Gujarat v. Hon'ble High Court of Gujarat (1998): The court opined that an honour which is lost or life which is snuffed out cannot be recompensed.