Law panel suggests retaining criminal defamation provision

Syllabus: GS-II

Subject: Polity

Topic: Institutions

Issue: Law Commission of India

Context:  22nd Law Commission recommendations.

  • The commission recommended that criminal defamation should be retained within the scheme of criminal laws in India.
  • The right to reputation is derived from Article 21 (Right to life and personal liberty) of the Constitution and hence needs to be protected.
    • The recommendation is aligned with the Supreme Court’s ruling in the Subramanian Swamy case.
    • The case affirmed the constitutionality of criminal defamation under Section 499 of the IPC 1860, as a reasonable restriction under Article 19(2) of the Constitution.

Law Commission of India

  • An executive body established by an order of the Government of India.
  • Function : To research and advise the government on legal reforms.
  • 22nd Law Commission was appointed with Justice Rituraj Awasthi as the chairperson.
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