February

• Defamation


  The act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man

  
• Forms of defamation

  • Libel (in permanent form like writing, print, picture)
  • Slander (in unwritten form like spoken words, gestures, representations)

  
• Criminal defamation

  Requires knowledge or reason to believe that something is defamatory (mens rea), publication to a third person, clear identification of the person defamed, and lowering of reputation in the eyes of right-thinking people

  
• Intention is a basic essential under criminal defamation law but not under civil defamation law

  
• Defamation law in India can be traced back to Kautilya's Arthashastra and was first drafted by Lord Macaulay in 1837

  
• Article 19 of the Indian Constitution


  Grants various freedoms to citizens, but Article 19(2) imposes reasonable restrictions including on defamation
• Indian laws on defamation

  • Chapter XXI (sections 499-502) of Indian Penal Code (criminal defamation)
  • Section 199 of Criminal Procedure Code (prosecution of defamation)
  • Section 356 of Bharatiya Nyaya Sanhita, 2023 (criminal defamation)

  
• Criminal defamation is a bailable, non-cognizable and compoundable offence in India

  
• The 22nd Law Commission of India has recommended that the offence of criminal defamation should be retained in the new criminal laws

  
• Defamation

  Reasonable restrictions under Article 19(2) of the Indian constitution
• Criminal defamation in Indian laws

  1. Chapter XXI (section 499 – 502) of the Indian Penal Code (IPC)

  2. Section 199 of the Criminal Procedure code (CrPC)

  3. Section 356 of Bharatiya Nyaya Sanhita, 2023

  
• Civil law on defamation

  Punishable under the Law of Torts by imposing punishment in the form of damages to be awarded to the claimant

  
• Criminal law on defamation

  Bailable, non-cognizable offence and compoundable offence<|>Section 500 of IPC prescribed the punishment of a maximum term of imprisonment of two years, or fine, or both<|>Section 356 of BNS consolidated Section 499 and Section 500 and added punishment of community service

  
• Important Judgements on defamation

  • Rohini Singh v. State of Gujarat (2018)
  • Mrs. Pat Sharpe v. Dwijendra Nath Bose (1963)
  • Subramanian Swamy v. Union of India
  • Chintaman Rao Vs. The State of Madhya Pradesh
  • Sukdeo Vithal Pansare v. Prabhakar Sukdeo Pansare (1974)

  
• The Law Commission chose to undertake this extensive study on the law of defamation following the Supreme Court's decision in the Subramaniam Swamy vs. Union of India (2016) case

  
• The report by the Law Commission


  Traces the history of the law of defamation, how it is defined and the essential characteristics for it to be proven as an offence<|>Explains how "the right to reputation" is a part of the right to life and dignity under Article 21 of the Constitution<|>States that the right to freedom of speech must be balanced with protecting the right to reputation through the application of criminal defamation laws<|>Criminal defamation acts as a deterrent against false and malicious statements, preventing damage to one's reputation that civil remedies might not adequately address<|>Recommends that speech ought to be considered illegal only when it is meant to do substantial harm and when such harm materialises<|>Appreciates the inclusion of community service as an alternative punishment against the offence of Defamation under Bharatiya Nyaya Sanhita, 2023

  
• Law Commission of India

  An executive body constituted by the Government of India from time to time<|>Acts as an advisory body to Ministry of law and justice<|>First Law Commission was established during the British Raj era in 1834<|>First Law Commission of independent India was established in 1955 for a three-year term<|>Conducts legal research and assesses current Indian laws, with the aim of suggesting reforms and crafting new legislation<|>Current 22nd Law Commission was constituted in February, 2020, for a period of three years
• Other Reports by 22nd law commission

  • Report no 278 - Urgent Need to Amend Rule 14(4) of Order VII of the Code of Civil Procedure, 1908
  • Report no. 279 - usage of the law of sedition
  • Report no. 280 - The law on adverse possession
  • Report no. 281 – compensation for damage due to installation of towers and transmission lines under the Indian telegraph act. 1885 and the electricity act 2003
• Important Reports of the Law Commission of India

  • Electoral Disqualifications (244th Report), 2014
  • Electoral Reforms (255th Report), 2015
  • Wrongful Prosecution (277th Report), 2018
  • Review of the Indian Evidence Act (185th Report), 2003
  • Trial by Media (200th Report), 2006
  • Death Penalty (262nd Report)
  • Human DNA Profiling (271st Report)
• Electoral Bonds

  Interest-free, bearer instruments for anonymous donations to political parties in India

  
• Electoral bonds were launched by PM Narendra Modi's government in 2018 to make political funding more transparent

  
• Electoral Bonds

  • Available in denominations of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1 crore without any maximum limits
  • Authorised and issued by State Bank of India and its 29 specified branches
  • A donor with a KYC-compliant account can purchase the bonds individually or jointly
  • Political parties can choose to redeem these bonds within 15 days of receipt to finance their electoral expenses
  • Available for purchase for 10 days in the beginning of every quarter (January, April, July and October)

  
• So far, electoral bonds worth 160bn rupees ($1.9bn; £1.5bn) have been sold in 29 tranches

  
• Amendments made through The Finance Act, 2016, and The Finance Act, 2017


  • Allowed foreign companies to donate to political parties anonymously
  • Lifted Section 182 of the Companies Act that mandated a firm could donate a maximum of 7.5% of its average three year net profit as political donations
  • Exempted political parties from the obligation of keeping a detailed record of contributions received through electoral bonds

  
• According to a Right to Information (RTI) response, electoral bonds worth Rs.11,699.84 crore were sold from March 2018 - December 2022

  
• Petitions were submitted by various parties, including the Communist Party of India (Marxist), as well as NGOs Common Cause and the Association for Democratic Reforms (ADR) to contest the electoral bond system
• It also struck down the preceding amendments made to the Representation of People Act, Companies Act, and the Income Tax Act
• The apex court ordered the State of Bank of India, to stop issuance of electoral bonds herewith
• The bank was directed to submit details of bonds purchased from April 12, 2019 till date to the Election Commission of India (ECI)
• On April 12, 2019 the top court had ordered the ECI to submit, in a sealed cover, the records of bonds purchased till then
• Details

  Date of purchase of each bond, the name of the buyer and the denomination of the bond
• The bank would furnish the information to the ECI by March 6, 2024
• The poll body, in turn, has to publish the entire information given by the State Bank of India on its website by March 13, 2024
• Electoral bonds, with a validity period of 15 days and yet to be encashed, would be returned by political parties or purchasers to the bank, which must refund the amount to the purchasers' accounts

  
• The scheme and the amendments authorised "unrestrained influence of corporates in the electoral process"
• The Chief Justice held that the right to privacy of political affiliation does not extend to those contributions, which may be made to influence policies
• It only extends to contributions made as a genuine form of political support
• The finance minister Nirmala Sitharaman set a record by presenting the sixth Budget in a row - five annual Budgets and one interim
• The recently announced budget is the interim budget of 2024 and the full-fledged budget will be presented by the new government that comes to power after the elections
• The speech lasted for exactly 58 minutes, the shortest by Sitharaman's record