Time to decriminalise defamation: Supreme Court

Bench makes oral remarks while hearing a plea challenging the summons issued to an online news portal in connection with a defamation case filed by a former professor of JNU

New Delhi: The Supreme Court on Monday said the time had come to decriminalise defamation.

A bench of justices M M Sundresh and Satish Chandra Sharma made the oral remarks while hearing a plea challenging the summons issued to online news portal 'The Wire' in connection with a defamation case filed by a former professor, Amita Singh, of Jawaharlal Nehru University (JNU).

While agreeing to issue a notice on the plea, Justice Sundresh orally observed, “I think the time has come to decriminalise all this”. 

Senior advocate Kapil Sibal, representing the news portal, agreed with the observation made by the bench.

Upon hearing brief submissions, the court issued notice to the professor on a plea moved by the Foundation for Independent Journalism, which runs 'The Wire'.

The defamation case was filed in connection with an article published in 2016. In February 2017, a trial court issued the summons to the portal in the matter. Last year, the apex court set aside the summons.

The court had then asked the magistrate to take a fresh call on the issuance of summons after examining the news article.

The magistrate had, in January 2025, again issued the summons to the news portal and its political affairs editor. In May, the High Court upheld the summons. The petitioner moved the apex court against the High Court’s order.