CRIMINAL DEFAMATION: BALANCING REPUTATION AND FREEDOM OF SPEECH

Criminal defamation is a legal mechanism designed to protect the reputation and dignity of individuals from false and harmful statements. In India, criminal defamation is governed by Section 356 of the Bharatiya Nyaya Sanhita,2023. According to these provisions, any person who makes or publishes an imputation concerning another person, intending to harm or knowing that it is likely to harm that person’s reputation, commits the offence of defamation. The punishment may include imprisonment, fine, or both. Reputation is not merely social respect; it is closely connected to an individual’s dignity, honour, and personal identity. The Constitution of India recognizes the importance of dignity under Article 21, which guarantees the Right to Life and Personal Liberty. The Supreme Court of India has interpreted “life” under Article 21 to include the right to live with dignity, and reputation forms an essential part of that dignity.