Consider the following statements about Defamation in India, in light of recent Supreme Court Judgment.
1 Defamation in India is both a civil and a criminal offence.
2. It is an offence under Article 21 which includes the right to reputation.
3. The right to freedom of speech is restricted under defamation law.
Which of the above statement(s) is/are correct?
Consider the following statements about Defamation in India, in light of recent Supreme Court Judgment.
1 Defamation in India is both a civil and a criminal offence.
2. It is an offence under Article 21 which includes the right to reputation.
3. The right to freedom of speech is restricted under defamation law.
Which of the above statement(s) is/are correct?
The correct option is D All of the above
Defamation in India is both a civil and a criminal offence.
1. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim).
2. Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. Therefore, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed). The accused also has a right to seek bail. Further, the charges can be dropped if the victim and the accused enter into a compromise to that effect (even without the permission of the court)
3. 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.
4. Article 19 campaigns against criminal defamation as it is a disproportionate punishment and has a harsh effect on freedom of expression.
5. While the right to freedom of speech is granted by constitution, it is subject to reasonable restrictions of which defamation is one. Unsubstantiated or wrong allegations often cause irreparable damage to the reputation of a person and may cause financial as well as physical harm. Thus, it is important to protect against defamation
Defamation in India is both a civil and a criminal offence.
1. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim).
2. Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. Therefore, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed). The accused also has a right to seek bail. Further, the charges can be dropped if the victim and the accused enter into a compromise to that effect (even without the permission of the court)
3. 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.
4. Article 19 campaigns against criminal defamation as it is a disproportionate punishment and has a harsh effect on freedom of expression.
5. While the right to freedom of speech is granted by constitution, it is subject to reasonable restrictions of which defamation is one. Unsubstantiated or wrong allegations often cause irreparable damage to the reputation of a person and may cause financial as well as physical harm. Thus, it is important to protect against defamation
