DEFAMATION LAWS OF INDIA: A STUDY OF CYBER DEFAMATION AND LEGAL CONSEQUENCES
AUTHOR – YAJUR JOSHI, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BENGALURU
BEST CITATION – YAJUR JOSHI, DEFAMATION LAWS OF INDIA: A STUDY OF CYBER DEFAMATION AND LEGAL CONSEQUENCES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 635-641, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT :
This paper provides an in-depth analysis of defamation laws in India, examining the shift from the Indian Penal Code (IPC) of 1860 to the new Bharatiya Nyaya Sanhita (BNS), 2023. The central theme is the constitutional tension between the fundamental right to freedom of speech and expression and the right to reputation, with a particular focus on the growing challenge of cyber defamation.
The paper argues that the BNS, under Section 356[1], follows the same definition of criminalizing defamation as the old IPC but follows the contemporary procedural model applicable in the digital environment. Defamation is the act of imputation that is intended to injure an individual’s reputation and is done in the form of oral, written, or visible communication. The BNS maintains the ten established exceptions to defamation from the IPC, which protect expressions made in good faith or for the public good, thereby ensuring a balance with free speech.
A significant portion of the paper is dedicated to The term cyber defamation refers to the posting of defamatory information online, which emphasizes the immediate, boundaryless, and long-lasting consequences of online defamation. The legal approach to cyber defamation is based on the Bhartiya nayaya sanhita (BNS) and the Information Technology Act, 2000. In the analysis, the focus is on the landmark cases that have set the course of jurisprudence, such as SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra and Subramanian Swamy v. Union of India[2], which upheld the constitutionality of criminal defamation. The paper concludes by stating that even though the Bodily? No—BNS, which refers to the legal framework (assuming “BNS” stands for some legal regime), has a strong framework, the test of effectiveness in the real world will depend upon the proactive application of the law and the ability of the judiciary to keep adapting to the changing reality of digital communications and individual dignity in the cyber space.
Keywords: Defamation, Cyber Defamation, Bharatiya Nyaya Sanhita, Free Speech, Right to Reputation, Indian Law
[1] Bharatiya Nyaya Sanhita, 2023, § 356
[2] SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra, (2014) S.B.C. No. 1279/2001 (Del.)