'Time to decriminalise defamation': SC issues notice in The Wire case

The Supreme Court observed it may be time to end criminal defamation while hearing The Wire's plea against summons in a case filed by JNU professor Amita Singh over a 2016 report

The Supreme Court on Monday said that the time has come to decriminalise defamation. The observation came from a Bench comprising Justice MM Sundresh and Justice Satish Chandra Sharma while hearing a petition challenging summons issued to online news portal The Wire, Bar and Bench reported. 

The case was filed by JNU professor Amita Singh in connection with alleged defamation. 

The Court issued notice to Singh following a plea by the Foundation for Independent Journalism, which runs The Wire. 

“I think the time has come to decriminalise all this...,” stated Justice Sundresh. Senior Advocate Kapil Sibal, representing the news portal, agreed with the court’s view.   

 

 

Criminal defamation under Indian law

Currently, Section 356 of the Bharatiya Nyaya Sanhita criminalises defamation, replacing the earlier Section 499 of the Indian Penal Code (IPC). India remains one of the few democracies where defamation is treated as a criminal offence, while most countries allow only civil remedies for defamation, the news report said. 

The Supreme Court had upheld Section 499’s validity in 2016 after challenges by politicians, including Subramanian Swamy, Congress leader Rahul Gandhi, and former Delhi Chief Minister Arvind Kejriwal.

 

Background of the case

The case involves a 2016 news report by The Wire, which claimed that Professor Amita Singh led a group of JNU teachers who compiled a 200-page dossier calling the university a “den of organised sex racket”. 

The dossier, titled Jawaharlal Nehru University: The Den of Secessionism and Terrorism, was reportedly submitted to the JNU administration. The report alleged that some teachers encouraged a decadent culture by legitimising separatist movements, with Singh identified as heading the group that prepared the dossier.   

 

Supreme Court challenge over summons

Following the report, Singh filed a criminal defamation case against The Wire and its reporter. In February 2017, a magistrate issued summons to the portal. The Supreme Court set aside these summons last year and asked the magistrate to review them after examining the article. 

In January 2025, the magistrate reissued summons to The Wire and its political affairs editor, Ajoy Ashirwad Mahaprashasta. The Delhi High Court upheld this on May 7, leading to the current challenge before the apex court.

 

SC questions delay

At the hearing, the Supreme Court questioned the prolonged pendency of the case. “How long will you go on dragging this?” the Bench asked. To this, Sibal said, “Similar matter is being considered. Rahul Gandhi’s case.” Following this, the court issued notice in the matter.