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The Supreme Court has observed that the time has come to decriminalize defamation, signaling a potential shift in Indian legal policy away from criminal penalties for reputational harm. The remark was made by the Bench of Justices MM Sundresh and Satish Chandra Sharma during a hearing concerning summons issued to news portal The Wire in a criminal defamation case initiated by JNU professor Amita Singh. The Bench, while issuing notice to Singh on a plea by The Foundation for Independent Journalism, emphasized the excessive duration of proceedings, further questioning why the case was being dragged on for years.

Senior Advocate Kapil Sibal, representing The Wire, endorsed the Court’s remark, which resonates with practices in most democracies where defamation is not a criminal offense but only a civil matter. Currently, Section 356 of the Bharatiya Nyaya Sanhita replaces Section 499 of the Indian Penal Code, still maintaining criminal defamation provisions in India—a rarity among constitutional democracies.

The original case stems from The Wire’s 2016 news report alleging that Professor Singh led a group of JNU teachers who compiled a controversial dossier characterizing the university as a center for “secessionism and terrorism.” Following this publication, Singh filed a criminal complaint, resulting in multiple rounds of summons and legal challenges. The case has prolonged through various courts, including the Delhi High Court and the Supreme Court, paralleling other high-profile criminal defamation litigations currently under judicial consideration.

The Supreme Court’s comments reflect mounting pressure to reform India’s defamation laws, promoting a move toward exclusively civil remedies in line with global standards, and away from criminal prosecution for defamation. The notice issued in the current matter keeps the question alive for further judicial examination.