In which of the following cases did the Supreme Court uphold the constitutional validity of the offence…
In Subramanian Swamy v. Union of India (2016), the Supreme Court upheld the constitutional validity of criminal defamation and the procedural rule governing its prosecution…
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In which of the following cases did the Supreme Court uphold the constitutional validity of the offence of criminal defamation and the procedural requirement of a complaint by a person aggrieved (now enacted in Section 356 of the Bharatiya Nyaya Sanhita, 2023 read with Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023)?
Answer and explanation
Correct answer D
In Subramanian Swamy v. Union of India (2016), the Supreme Court upheld the constitutional validity of criminal defamation and the procedural rule governing its prosecution — provisions now contained in Section 356 of the Bharatiya Nyaya Sanhita, 2023 and Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Sections 499 and 500 of the Indian Penal Code, 1860 read with Section 199 of the Code of Criminal Procedure, 1973). Joseph Shine v. Union of India struck down the criminalisation of adultery, while Navtej Johar v. Union of India and Naz Foundation v. Union of India concerned consensual same-sex relations.
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