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    Question

    The constitutional Validity of Section 499- the Indian

    Penal Code (Defamation) has been upheld by the Supreme Court of India in which of the following cases? 
    A Subramanium Swamy vs. Union of India Correct Answer Incorrect Answer
    B Dev Singh vs. State of Punjab Correct Answer Incorrect Answer
    C Naz foundation vs. Delhi NCT Correct Answer Incorrect Answer
    D Fiona Shrikhande vs. State of Maharashtra Correct Answer Incorrect Answer

    Solution

    In 2014, corruption charges were made by Dr. Subramanian Swamy against Ms. Jayalathitha. Defamatory cases were filed by the State Government of Tamil Nadu against Dr. Subramanian Swamy in response to these allegations. Later, the constitutional validity of the offense of criminal defamation was challenged by Dr. Subramanian Swamy along with some other prominent politicians. This is one of the landmark cases as far as criminal defamation is concerned. This was also the first case in which the Supreme Court conducted a hearing on a frontal challenge to the constitutionality of one of the oldest and most strict laws that restrict speech, that is, criminal defamation. The challenges to the constitutionality of the offense of criminal defamation were dismissed by the Apex Court and the Court said that the restrictions that were imposed on the Right to Freedom of Expression by the criminalization of the offense of defamation were reasonable and just in nature. The Court also said that there exists a constitutional duty to respect the dignity of other people. Therefore, the constitutionality of the criminal offense of defamation under Section 499 and Section 500 of the Indian Penal Code, 1860 was upheld by the Supreme Court.

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