Just in: The Supreme Court dismisses a batch of petitions challenging the constitutional validity of sections 499 and 500 of the IPC providing for criminal defamation. In effect the court upholds the criminal defamation law.


The petitioners comprise prominent leaders cutting across party lines, such as BJP MP Subramanian Swamy, Congress vice president Rahul Gandhi and Delhi chief minister Arvind Kejriwal , among others.


They have contended that Sections 499 and 500 of the Indian Penal Code, which prescribe a maximum sentence of two years' imprisonment for defamation, were outdated and inconsistent with the citizens' right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.


Many media organisations, including the Editors' Guild of India, have also demanded that defamation be decriminalised because it has a "chilling effect" on free speech.


The Sections 499 and 500 of the Indian Penal Code (IPC) criminalise defamation. Defamatory acts can include words either spoken or intended to be read, signs or visible representations, which are published/in the public domain. The offence can earn punishment of up to 2 years imprisonment, fine or both.

Twenty-four petitions were filed by various people alleging violation of the fundamental right to free speech guaranteed by the Constitution, as criminal sanction can cause a chilling effect.