Unveiling the Dynamics of Criminal Defamation: A Comprehensive Analysis

The Evolution of Defamation Laws in India

In 2017, the Ministry of Law wrote a letter to the Law Commission, seeking clarification on why defamation should be dealt with under criminal law. The ministry argued that defamation receives significant criticism in our country, with some believing it affects fundamental rights. Consequently, the Law Commission was entrusted with the responsibility of examining all aspects of defamation to determine whether it should remain within the realm of criminal law.

Seven years later, the Law Commission, under the leadership of Justice Rituraj Avasthi, submitted its report in the 285th report, recommending the retention of criminal defamation laws in the new Indian criminal statutes.

Unraveling the Notion of Criminal Defamation

The Law Commission asserted in its recommendation that criminal defamation should persist in criminal law to instill fear in those who propagate false and fraudulent statements. Let’s delve into the details of what defamation entails, why it seeks a place in legal frameworks, and how it benefits the government.

Impact on Fundamental Rights According to the Law Commission

The Law Commission’s report highlighted that the right to thought and expression granted to the people of India under the Constitution aims to maintain peace and harmony in society. It emphasized the necessity of categorizing defamation as a criminal offense to safeguard the dignity and honor of individuals, preventing any encroachment on their respect.

Understanding Defamation

While the Indian Constitution grants every citizen the freedom of expression, it also establishes stringent laws against those who intentionally tarnish an individual’s name or reputation. In simple terms, defamation is a legal process created to address actions that harm someone’s dignity through wrongful intentions. It is commonly known as “defamation” or “libel” in English.

Section 499 of the Indian Penal Code (IPC) defines defamation. According to this section, any person attempting to harm the reputation of another through writing, speech, signs, or images is guilty of defamation. The IPC even includes defamation against a deceased person, allowing their relatives to file a defamation case if attempts are made to tarnish their reputation.

The comment or statement given for defamation must be ‘objectionable,’ and the court determines whether the statement is indeed objectionable.

Exceptions to Defamation

Certain situations are not considered defamation:

1. Making a true statement about an individual or organization.
2. Government servants expressing opinions related to their duties.
3. Reports related to court proceedings and ongoing legal activities.

The Punishment for Defamation under IPC Section 500

If an individual is found guilty of defamation under IPC Section 500, they may face imprisonment for up to two years or a fine or both. The severity of the punishment is at the court’s discretion.

Examining the Political Landscape

Legal scholar Ankush Mishra from Patna University believes that categorizing defamation as a criminal offense might not directly benefit the government. However, the term “defamation” is frequently heard in political circles, particularly during election campaigns. Opposition leaders often accuse each other of attempting to eliminate non-BJP leaders and parties through legal cases. One such instance occurred in 2023 when Rahul Gandhi faced defamation charges for using the term “Modi surname.”

During this case, Delhi Chief Minister Arvind Kejriwal, along with various opposition leaders, accused the ruling party of trying to eliminate non-BJP leaders by filing cases against them. Kejriwal acknowledged ideological differences but argued that subjecting Rahul Gandhi to a defamation case was inappropriate.

While Rahul Gandhi’s conviction in the defamation case led to his disqualification from parliamentary membership, the Supreme Court later intervened, putting a stay on the decision. Nevertheless, if he had been disqualified, the BJP would have likely gained an advantage in the upcoming Lok Sabha elections.

The New Indian Penal Code and Social Service as a Punishment

The latest amendments to the Indian Penal Code and the IPC’s Section 500 regarding criminal defamation treat it as a criminal offense. Moreover, individuals found guilty of criminal defamation may now also be sentenced to perform social service. This inclusion signifies a shift in focus from purely punitive measures to reformative actions, potentially fostering a more holistic approach to addressing defamation cases.