Law Commission Recommends Continued Inclusion of Criminal Defamation in Indian Legal Framework

The Law Commission has recommended the retention of criminal defamation within the framework of criminal laws in India.
In its report addressing criminal defamation laws, the panel emphasized that the right to reputation, derived from Article 21 of the Constitution, is an integral aspect of the right to life and personal liberty. The commission highlighted the necessity to “adequately protect” this right against defamatory speech and imputations.

«Reputation is something which can›t be seen and can only be earned. It›s an asset built in a lifetime and destroyed in seconds. The entire jurisprudence surrounding the law on criminal defamation carries the essence of protecting one’s reputation and its facets,” stated the report.

According to the Law Commission said report.»The right to reputation, being a facet of the right to life and personal liberty, needs to be adequately protected against defamatory speech and imputations.»

“Reputation is something which can’t be seen and can only be earned. It’s an asset that is built in a lifetime and destroyed in seconds. The whole jurisprudence around the law on criminal defamation has the essence of protecting one’s reputation and its facets,” the report said. India was a country that “skilfully and blissfully” sustains different languages, ideas and thoughts. The social fabric is such that people want to enjoy their freedom and also want to protect what is dear to them.

The Bharatiya Nyaya Sanhita, 2023, which was recently cleared by Parliament, has added a provision of community service as an additional punishment.
The report added that this law itself gives a balancing approach, wherein it has safeguarded the interest of the victim and has also neutralised the scope of misuse by giving an alternate punishment of community service.