The 22nd Law Commission has recommended that criminal defamation should be retained within the scheme of criminal laws in India, the Law Ministry said on Friday.
The panel submitted its report to the Ministry on Thursday. In its report, the Law Commission argued that the right to reputation is derived from Article 21 of the Constitution that guarantees the right to life and personal liberty and that is why it has to be protected.
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“Reputation is something which can’t be seen and can only be earned. It’s an asset which is built in a lifetime and destroyed in seconds. The whole jurisprudence around the law on criminal defamation has the essence of protecting one’s reputation and its facets,” it said.
The matter was referred to the Law panel by the Law Ministry in August, 2017.
Noting that it could be argued that criminal prosecution for defamatory statements stands opposed to the freedom of speech and expression, the Law panel advised exercising caution.
“Speech ought to be illegal only where it is meant to do substantial harm and when such harm materialises,” the panel cautioned.
Referring to the issue of punishment, it said the Bharatiya Nyaya Sanhita, 2023 has added a provision of community service as an additional punishment.
“This law itself gives a balancing approach, wherein it has safeguarded the interest of the victim and has also neutralised the scope of misuse by giving an alternate punishment of community service,” the panel headed by Justice (retired) Ritu Raj Awasthi said.
