Law Commission Of India Recommends Retaining Offence Of Criminal Defamation, Says It Deters False & Malicious Statements

In a recent development, the Law Commission of India has recommended in its 285th Report dated January 31, 2024 that the offence of criminal defamation should be retained in the new criminal laws.

The Report says that the right to freedom of speech and expression on one hand, and the right to reputation on the other, have to be harmoniously construed in a spirit to make the society "peaceful and livable". There is no absoluteness in either right.

To quote the law panel, "The whole jurisprudence around the law on criminal defamation has the essence of protecting one's reputation and its facets."

It further states that a law against criminal defamation is essential to maintain social harmony and protecting individuals from unwarranted harm caused by defamatory statements. "Criminal defamation acts as a deterrent against false and malicious statements, preventing damage to one's reputation that civil remedies might not adequately address", the Commission notes.

In support of retaining the law, the panel adds that criminal law alone provides a framework where behavior that could seriously harm someone else can be punished and condemned.

"The protection of reputation is not the only impetus behind criminalising defamation as avoiding public disturbances is an equally important motivation".

It is highlighted that reputation is an important facet of Article 21 of the Constitution, which "cannot be allowed to be jeopardised just because an individual has to enjoy his freedom of speech" at the expense of hurting the sentiment of another.

The recommendations also underline that speech ought to be illegal only when it is meant to do substantial harm and when such harm materializes.

It is worthwhile to mention that the Bharatiya Nyaya Sanhita, 2023, which is set to replace the Indian Penal Code, has added a provision of community service as an additional punishment for criminal defamation.

The Report is prepared and signed by the following 7-member panel, besides Chairperson Ritu Raj Awasthi (former Chief Justice, Karnataka High Court): 

1. Justice KT Sankaran, Member

2. Prof.(Dr.) Anand Paliwal, Member

3. Prof. DP Verma, Member

4. Dr. Niten Chandra, Member (ex-officio)

5. Dr. Rajiv Mani, Member (ex-officio)

6. Mr. M Karunanithi, Part-time Member

7. Prof.(Dr.) Raka Arya, Part-time Member

Click here to read the report