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With the same view, defamation has been criminalised in India by inserting it into Section 499 of the I.P.C. Where defamation is concerned, in case of a criminal defamation suit as laid down in Sections 499 and Section 500 of the Indian Penal Code, the issue - in question - being the truth isn't considered a defence.
The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was repealed and replaced by Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on 1 July 2024.
The media crime is covered by the Indian Penal Code (IPC) which is applicable to all substantive aspects of criminal law. Nevertheless, freedom of the press in India is subject to certain restrictions, such as defamation law, a lack of protection for whistleblowers , barriers to information access and constraints caused by public and government ...
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The Bharatiya Nyaya Sanhita (BNS) (IAST: Bhāratīya Nyāya Saṃhitā; lit. ' Indian Justice Code ') is the official criminal code in India.It came into effect on 1 July, 2024 after being passed by the parliament in December 2023 to replace the Indian Penal Code (IPC).
Quashing in a criminal defamation case is a difficult prospect. This is because – to simplify – under Section 499 of the IPC, a prima facie offence of defamation is made out with the existence of a defamatory imputation, which has been made with the intention or knowledge that it will cause harm. This is, evidently, a very low threshold.
India prohibits hate speech by several sections of the Indian Penal Code, the Code of Criminal Procedure, and by other laws which put limitations on the freedom of expression. Section 95 of the Code of Criminal Procedure gives the government the right to declare certain publications “forfeited” if the “publication ... appears to the State ...
Similarly, while criminal libel in UK was abolished in 2010, [34] both slander and libel remain criminal offences in India and other jurisdictions applying versions of the Indian Penal Code. [35] Consequently, individuals liable for defamation in India are subject not just to damages under tort law but also to imprisonment under criminal law. [36]