DEFAMATION JURISPRUDENCE IN INDIA: ASSESSING CHALLENGES AND REFORM PERSPECTIVE 

AUTHOR – SATYA VRAT PANDEY, INTEGRAL UNIVERSITY

Best Citation – SATYA VRAT PANDEY, DEFAMATION JURISPRUDENCE IN INDIA: ASSESSING CHALLENGES AND REFORM PERSPECTIVE, ILE LAW AND JURISPRUDENCE (ILE LJ), 1 (1) of 2023, Pg. 11-15, APIS – 3920 – 0044 | ISBN – 978-81-964391-3-2.

ABSTRACT

The concept of defamation is mystify and continues to be divisive, being utilised and abused by some while having a significant negative influence on the lives of others. Even while judicial paradigm has made an effort to clarify this mess and segregate unquestionable concerns, there are still some fundamental constitutional questions about both the criminal offence and the civil offence of defamation that have not yet been addressed. The Constitution of India has given the citizens certain rights and they should use them in limits so that they should not hamper the rights of others. The prime reason for knowing the laws governing the statutorily recognised offence of defamation is to protect one’s dignity, as has been guaranteed by Article 21 of the Indian Constitution. With changing times, defamation has been a misused offence in the hands of many, thereby causing a rise in debate on it concerning the limitation on free speech. Perception of the legislators on what constitutes defamation in present times should be subjected to progressive changes and the legislators should therefore encourage flexible provisions in this regard instead of a rigid legal framework. Malicious intent to harm and test of criminality in a statement for defamation is meant to dissuade persons to resort to such practices. Over the seventy-five years of Independence, there have been numerous cases of defamation and the court has interpreted every case with utmost care and they serve as precedents; Defamation laws are strengthening slowly but steadily rising in India.

Keywords: Defamation, Constitutional Legality, Criminalized, Civil Wrong, Criminal Wrong.