Law of Criminal Defamation: Law Commission Report No. 285

LawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article Commission of IndiaIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more submits its Report No. 285 titled “The Law of Criminal Defamation”

The Law of Criminal Defamation

02 FEB 2024

The 22nd Law Commission of India has submitted its Report No. 285 titled “The Law of Criminal Defamation” to the Government of India.

The Law Commission received a reference from the Ministry of Law & JusticeJustice δικαιοσύνη > judicature ( δικαιοσύνη) > judge (δικαστής / κριτής). The whole purpose of Plato`s Republic is to search for Justice. The purpose of Justice is to establish a perfect State. The State of happiness (ευτυχία), vide letter dated 4^th August, 2017, requesting the Commission to examine various issues relating to the Defamation laws and make recommendations thereon.

In pursuance of the reference, the 22^nd Law Commission undertook an extensive study, analysing the history of the law of defamation, its relationship vis-à-vis the right to freedom of speechSpeech 400 million years ago, the larynx was developed and allowed for communication with other animals. 60 million years ago, human beings talked about Dynosure or like animals in India. The vocal tract was in place to support modern human discourse as early as 300,000 years ago in the Indian subcontinent.   and expression, and the various judgments rendered by the Courts across the country. The Commission, inter alia, also studied the relationship between right to reputation and the right to freedom of speech and expression, and how the two need to be balanced. Further, the Commission looked into the treatment of criminal defamation across various jurisdictions.

The Hon’ble Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of the United States (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network had also the occasion to examine the constitutionality of criminal defamation in Subramanian Swamy v. Union of India [(2016) 7 SCCSCC Supreme Court Cases 221]. Having examined the issue at length, the Hon’ble Supreme Court dismissed the challenge to Section 499 of the IndianIndia Hind/ hend >hindia. Bharat Varsha (Jambudvipa used in Mahavamsha) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । The place also been called Hindusthan in Pesia. The word Hendu is mentioned in Avesta. Read more Penal CodePenal Code Indian Penal Code (Naya Samhita-2023), Pakistan Penal code-1960,, 1860, and held it to be constitutionally valid on account of it being a reasonable restriction under Article 19(2) to the freedom of speech and expression enshrined in Article 19(1)(a)

Having considered the above in-depth, the Commission recommends that criminal defamation be retained within the scheme of criminal laws in the country. In this regard, it is important to keep in mindMind We know nothing about its origin, growth, or demise. Where it lives, can it live without a brain? Possibly, the mind is the soul and spirit. See Consciousness that right to reputation flows from Article 21 of the Constitution of IndiaConstitution of India भारतस्य संविधानम्: 1950 ∫ वयं भारतस्य जनाः (3) मौलिक अधिकार: (Fundamental Rights) > (4) राजनैतिकनीतेः निर्देशात्मकसिद्धान्ताः (Directive principles)> (5) The Union > (6) The States> (11) संघस्य च सम्बन्धाः राज्यम् (Union-State Relation)> (15) निर्वाचनम् (Elections)> (17) राजभाषा (Official Language) (18) आपत्कालीन प्रावधानम् (Emergency provisions) (20) संविधानसंशोधनम् (Amendment of Constitution). सप्तमी अनुसूची: (Seventh Schedule). Parliament, Supreme Court, President of India, Prime Minister of India. ∑ (Govt of India Act 1935, Manu Samhita 5000, BCE Rigveda 7000 BCE), and being a facet of right to life and personal liberty, needs to be adequately protected against defamatory speech and imputations.

Read more:

• The Defamation (Operators of Websites) Regulations 2013 [UK]
• THE DEFAMATION ORDINANCE 2002 (PakistanPakistan Arya Varta Region > Main Cities:  Karachi Lahore Faisalabad Rawalpindi Multan Hyderabad Gujranwala Peshawar Rahim Yar Khan Quetta Muzaffarabad Battagram Kotli Islamabad Bahawalpur Sargodha Sialkot Sukkur Larkana Shekhupura Bhimbar Jhang Sadr Gujrat Mardan Malir Cantonment Kasur Mingora Dera Ghazi Khan Sahiwal Nawabshah Okara Mirpur Khas Chiniot Shahkot Kamoke Saddiqabad Burewala Jacobabad Muzaffargarh Muridke Jhelum Shikarpur Hafizabad Kohat Khanpur Khuzdar Dadu Gojra Mandi Bahauddin Tando Allahyar Daska Kalan Pakpattan Bahawalnagar Bahawalnagar Tando Adam Khairpur Mir's Chishtian Abbottabad Jaranwala Ahmadpur East Vihari Kamalia Kot Addu Khushab Wazirabad Dera Ismail Khan Chakwal Swabi Lodhran)
• Defamation Act 2013 [UK]
• If a statement expressly referring to a dead person and affects his reputation, legal heirs can maintain Defamation suit.
• In a suit for defamation if relief claimed is for damages alone, the suit shall be abated on death of plaintiff
• In a suit for defamation no Court Fees shall be payable in a suit for damages for defamation u/s 7 of the West Bengal Court Fees Act, 1974