The truth will only be a defence under the first exception to section 499 if the statement was

made for the public benefit, which is a factual matter that will be decided by the court. 1This
is an arbitrary and overbroad law that discourages people from expressing factual statements
about politicians or political events because they are afraid of a court ruling that the statement
is not in the public interest. A magistrate can issue criminal action based on the basic
allegation that the defendant aided and abetted the individual who made the allegedly
defamatory written words.

A person might be charged even if they make a statement about someone who has passed
away. While speech restrictions to protect a private interest in a reputation are permitted
under Article 19(2), speech restrictions to protect the reputation of the deceased are excessive
and overbroad2. Even a light hearted remark might be used to slander someone. Furthermore,
because Section 499 applies to "any imputation of any person," even the most protected form
of expression in a democracy, political speech, could result in a criminal charge. It's a
straightforward instrument that allows people wrongfully accused of defamation to sue
anyone in any court in the country. Finally, why is it necessary to prosecute defamation as a
criminal offence, and why are civil remedies insufficient?

Subramanian Swamy V. Union of India

According to the Supreme Court, freedom of expression is a "highly treasured asset under the
Constitution." "Despite the broad and expansive scope of freedom of speech and expression,
the right to freedom of speech and expression is not absolute it is subject to the reasonable
restrictions3. State can curtail fundamental rights in the condition of state security, public

1
Indiankanoon.org. 2022. Section 499 in The Indian Penal Code. [online] Available at:
<https://indiankanoon.org/doc/1041742/?msclkid=3db3182baeb311ec842c7f7dd985a63f> [Accessed
28 March 2022].
2
Bing.com. 2022. While speech restrictions to protect a private interest in a reputation are permitted
under Article 19(2), speech restrictions to protect the reputation of the deceased are excessive and
overbroad - Search. [online] Available at: <https://www.bing.com/search?
q=While+speech+restrictions+to+protect+a+private+interest+in+a+reputation+are+permitted+u
nder+Article+19(2)%2C+speech+restrictions+to+protect+the+reputation+of+the+deceased+are+
excessive+and+overbroad&cvid=078d94016ed948f78ad81b233b6ba146&aqs=edge..69i57.167j0j
1&pglt=43&FORM=ANNTA1&PC=LCTS> [Accessed 28 March 2022].
3
India, l., 2022. Advertisement and Freedom of Speech and Expression. [online]
Legalservicesindia.com. Available at:
<http://www.legalservicesindia.com/article/1317/Advertisement-and-Freedom-of-Speech-and-
Expression.html?msclkid=1b864040aeb411ecbb3bae5c3fefb395> [Accessed 28 March 2022].
morality and decency and friendly relations with foreign countries. it stated, referring to the
concept of reasonable restrictions. 4

4
Venkataramakrishnan, R., 2022. What are the ‘reasonable restrictions’ that can be put on the
fundamental Right to Privacy?. [online] Scroll.in. Available at:
<https://scroll.in/article/848360/what-are-the-reasonable-restrictions-that-can-be-put-on-the-
fundamental-right-to-privacy?msclkid=4749fb57aeb411ec94deee347bb57078> [Accessed 28
March 2022].