Time to Decriminalise Defamation, Says Supreme Court in Big Remark

The Supreme Court on Monday made a significant observation suggesting that the time has come to decriminalise defamation, signaling a potential shift in its stance on a law that has long been criticized as a tool to stifle free speech . The remark, which came during the hearing of a defamation case against the news portal The Wire, contrasts with the court’s own 2016 judgment that had upheld the constitutional validity of criminal defamation .

“I think time has come to decriminalise all this,” Justice M.M. Sundresh observed while hearing a plea by The Wire challenging summons issued to it in a criminal defamation case filed by a former Jawaharlal Nehru University (JNU) professor . Senior Advocate Kapil Sibal, appearing for the publication, immediately concurred with the court’s view, highlighting the need for reform .

The case revolves around a 2016 article published by The Wire concerning a controversial dossier that described JNU as a “den of organised sex racket” . A former professor filed a criminal defamation complaint alleging the article falsely implicated her in its creation . The Supreme Court has now issued a notice on The Wire’s plea challenging the summons .

The court’s observation is particularly noteworthy as it diverges from its 2016 decision in the Subramanian Swamy vs Union of India case, where it ruled that criminal defamation was a reasonable restriction on the freedom of speech to protect an individual’s right to reputation under Article 21 .

Defamation remains a criminal offense in India under Section 356 of the Bharatiya Nyaya Sanhita (which replaced Section 499 of the IPC), making India one of the few democracies where defamation can lead to imprisonment . The court’s latest comment has sparked renewed debate on whether this colonial-era law has a place in a modern democracy