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As per Bharatiya Nyaya Sanhita, 2023, which of the following statements are correct ? 1. The offence of…

All three statements are correct when the truth exception includes the stated public-good requirement. BNS Section 356 covers an imputation about a deceased person if it…

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As per Bharatiya Nyaya Sanhita, 2023, which of the following statements are correct ?
1. The offence of defamation can be committed against a dead person
2. Imputation of anything which is true is an exception to defamation and it is for public good
3. The constitutional validity of the laws on criminal defamation was upheld in the judgment Subramanian Swamy v. Union of India (2016)

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Answer and explanation

Correct answer D

All three statements are correct when the truth exception includes the stated public-good requirement. BNS Section 356 covers an imputation about a deceased person if it would harm the person’s reputation if living and is intended to hurt the feelings of family or near relatives. Truth alone is insufficient: publication must also be for the public good. Subramanian Swamy upheld the earlier IPC criminal-defamation provisions in 2016.

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