The Supreme Court of India has signaled a potential shift in its stance on defamation, suggesting that it may be time to decriminalize the offense. This observation was made during the hearing of a plea filed by the online news portal The Wire, which challenged summons issued in a defamation case filed by Amita Singh, a retired Jawaharlal Nehru University (JNU) professor.
A bench comprising Justices M. M. Sundresh and Satish Chandra Sharma voiced concerns about the prolonged nature of defamation cases. Justice Sundresh remarked, "I think time has come to decriminalize all this. How long will you go on dragging these cases?". Senior advocate Kapil Sibal, representing The Wire, supported the bench's observations, citing numerous instances, including multiple defamation cases filed against opposition leader Rahul Gandhi.
The case against The Wire stems from a 2016 article that alleged Professor Singh was part of a group of JNU teachers who compiled a dossier calling JNU a "den of organized sex racket". Singh claimed the article, titled “Dossier Calls JNU 'Den of Organised Sex Racket',” attributed her name without verification, leading to violent protests and impacting her post-retirement career. She alleged the publication did not verify the authenticity of the dossier and used it for monetary gains.
A trial court initially issued summons to the portal in 2017. The Supreme Court had previously set aside these summons, directing a reassessment of the article's content. In January 2025, the magistrate again issued summons, which were upheld by the Delhi High Court in May 2025, leading The Wire to appeal to the Supreme Court.
In 2016, the Supreme Court upheld the validity of criminal defamation under Section 499 of the Indian Penal Code (IPC), emphasizing the protection of reputation under Article 21 of the Constitution. However, the current bench's remarks suggest a reconsideration of this position. Section 356 of the Bharatiya Nyaya Sanhita (BNS) has replaced Section 499 of the IPC, continuing to criminalize defamation with a punishment of two-year jail or fine or both.
Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, but defamation is one of the eight grounds on which the state can impose reasonable restrictions on this right under Article 19(2). The Supreme Court has tagged The Wire's petition with similar cases, including those filed by Rahul Gandhi, and will hear the matter after Professor Singh submits her reply.
