Supreme Court · 2016 INSC 427 · Decided 13 May 2016

Subramanian Swamy v. Union of India, Ministry of Law & ORS.

Court
Supreme Court of India
Citation
2016 INSC 427 · [2016] 3 S.C.R. 865
Case number
WRIT PETITION (CIVIL) No. 184/2014
Decided
13 May 2016
Bench
DIPAK MISRA, PRAFULLA C. PANT (2-judge bench)
Outcome
Disposed off
Case type
Writ / Constitutional
Acts & sections cited
IPC Section 499, 500; CrPC Section 199(1)to199(4), 199; Constitution Article 14

Headnote

PENAL CODE, 1860: ss.499, 500 - Constitutional validity of - Held: ls constitutionally valid - The Preamble balances different and divergent rights - Keeping in view the constitutional value, the legislature has not repealed s.499 and kept the same alive as a criminal offence - It is not correct of criminal defamation is absolutely obnoxious to freedom of speech and expression - It neither invites the frown of any of the Articles of the Constitution nor its very existence can be regarded as an unreasonable restriction - Code of Criminal Procedure, 1973 - ss.199(1) to 199(4).

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