Know Defamation law in india in Hindi English

Defamation is a criminal case in India  

Defamation cases come regularly to the court. Most cases are of political leaders. Defamation is categorized under criminal cases in India. 

This law imposed by British works this way –

The criminal proceedings happening after the registration of defamation case was challenged by Rahul Gandhi, Arvind Kejriwal and Subramanian Swami in Supreme Court. Under Indian penal code 1860 chapter 21, section 499 and 500 have been challenged many times in past. It has been stated that defamation should come under Deewani or madness case and not a criminal case. This would motivate the right to speak and voices of people working for public welfare would not be stifled.

The central government wants to keep this law as it is. A committee of two judges have denied the petitions regarding the same. Judged Deepak Mishra and PC Pant denied the petition of changing the law and stated that it is legal and constitutional right to punish the defamation criminals. They also stated that right to speak and freedom should not cross its limits. Those whose rights have been compromised also have the full right to live respectfully. Judges have given suggestions to the lawyers that they should take care when passing summons on personal defamation complaints.

The whole world sees these cases as Deewani or madness cases except India. Jayalalithaa government in Tamil Nadu have petitioned more than 100 defamation cases against journalists and opposition party candidates.

It is important to know what Defamation is. Defamation is a kind of legal mistake which causes problems on a person’s respect and character. His character is demoralized without proper witness and proof. Written or oral defamation are both under the slander category. When a person puts blame on another person with negativity and hidden agendas towards other, this comes under defamation.

If a person’s respect is reduced or his/her work is affected badly by such allegations then it comes under defamation.

There are some cases in which there is no defamation law to be established. These are –

· 1) If anything which is true and is brought to notice for public welfare.

·   2) Any working of court or publishing their right judgment.

Under Section 500 there is the provision of sentence for defamation. A person found guilty of defaming somebody will be jailed for two years or will be fined or both. Also, the lawyer has to present the facts correctly and prove that there has been defamation and the reason behind it. This law was made in our country by the British to stifle the voices of people and their rights. The fourth president of America James Edison said that “People have a right to censor the government and not vice versa”.

Fact – In Azerbaijan when the defamation case is proved then, the criminal is charged with 500 times of his nominal salary as fine.

Nandita jha advocate Delhi High Court

Source - Nandita jha advocate Delhi High Court in DB News