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In which one of the following cases did the Supreme Court uphold the constitutional validity of the…

In Subramanian Swamy v. Union of India, (2016) 7 SCC 221, the Supreme Court upheld the constitutional validity of the penal provisions criminalising defamation (now Section…

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In which one of the following cases did the Supreme Court uphold the constitutional validity of the penal provisions on criminal defamation (now consolidated in Section 356 of the Bharatiya Nyaya Sanhita, 2023, which also introduces community service as an alternative punishment)?

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Correct answer A

In Subramanian Swamy v. Union of India, (2016) 7 SCC 221, the Supreme Court upheld the constitutional validity of the penal provisions criminalising defamation (now Section 356 of the Bharatiya Nyaya Sanhita, 2023; formerly Sections 499 and 500 IPC), holding that criminal defamation is a reasonable restriction on the freedom of speech and expression under Article 19(2) and protects the fundamental right to reputation under Article 21. Under Section 356(2) of the Bharatiya Nyaya Sanhita, 2023, defamation is punishable with simple imprisonment up to two years, or with fine, or with both, or with community service.

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