New Delhi — The Supreme Court on Monday observed that the time has come to reconsider the criminalization of defamation in India, reopening a debate that has long divided jurists, politicians, and free speech advocates.
The observation came during the hearing of a plea filed by the Foundation for Independent Journalism, which runs The Wire, challenging the summons issued in a criminal defamation case brought by Professor Amita Singh of Jawaharlal Nehru University (JNU).
Court’s Observations
A Bench of Justice M.M. Sundresh and Justice Satish Chandra Sharma noted that India remains one of the few democracies where defamation is still treated as a criminal offence.
“I think the time has come to decriminalize all this…,” remarked Justice Sundresh, while issuing notice to the complainant.
Senior Advocate Kapil Sibal, representing The Wire, supported the observation, calling attention to how the law has often been used to stifle press freedom and burden journalists with prolonged legal proceedings.
FutureCrime Summit 2026: Registrations to Open Soon for India’s Biggest Cybercrime Conference
The Legal Framework
Currently, Section 356 of the Bharatiya Nyaya Sanhita (BNS) criminalizes defamation, replacing the earlier Section 499 of the Indian Penal Code (IPC).
India’s approach stands in contrast to most democracies, where defamation is treated solely as a civil wrong, with remedies in the form of damages rather than imprisonment.
Notably, in 2016, the Supreme Court had upheld the validity of criminal defamation provisions after challenges by prominent politicians including Subramanian Swamy, Rahul Gandhi, and Arvind Kejriwal.
The Wire–JNU Case
The defamation case against The Wire dates back to a 2016 article in which the portal reported on a dossier allegedly compiled by a group of JNU teachers. The dossier, titled “Jawaharlal Nehru University: The Den of Secessionism and Terrorism”, described JNU as fostering a “decadent culture” and even alleged it was a “den of organised sex racket.”
The article said that Professor Amita Singh was at the helm of the group that compiled the report, prompting her to file a criminal defamation complaint against The Wire and its reporter.
A magistrate initially issued summons in 2017. Although the Supreme Court set aside the summons last year and directed fresh scrutiny of the article, the Magistrate once again summoned The Wire and its political editor Ajoy Ashirwad Mahaprashasta in January 2025. The Delhi High Court upheld this decision in May 2025, leading to the current appeal before the apex court.
Concerns Over Prolonged Litigation
The Supreme Court bench also questioned the long pendency of the case, asking:
“How long will you go on dragging this?”
Kapil Sibal, for The Wire, responded that a similar issue was under consideration in Rahul Gandhi’s defamation matter, underscoring the broader implications of criminal defamation cases across the political and media landscape.
Larger Implications
Legal experts suggest that if the Court seriously reopens the question of decriminalizing defamation, it could mark a turning point for free speech and press freedom in India.
For journalists, activists, and political commentators, criminal defamation has long been seen as a tool of harassment rather than genuine redress. A move towards civil remedies only, as in other democracies, could align India’s legal framework with international norms and reduce the chilling effect on independent reporting.
The Court has now issued notice in the matter, setting the stage for what may become a landmark re-examination of criminal defamation in India.
