ValkyaEditorial

Tagged “ipc-499”

1 article on ipc-499.

Landmark JudgmentSupreme Court of India

Subramanian Swamy v. Union of India: the constitutional defence of criminal defamation

On 13 May 2016, a two-judge Bench led by Justice Dipak Misra upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code — the criminal-defamation framework — against challenges based on the freedom of speech and expression. The reasoning rested on the proposition that reputation is constitutionally protected under Article 21, and that the criminal-defamation framework, properly construed, does not produce an undue chilling effect on expression. A digest of the holding, the doctrinal architecture, and the contemporary practitioner's framework.

Valkya Editorial··11 min