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Consider the following statements: 1. In 1962, the Supreme Court upheld the constitutionality of defamation in Kedar Nath Singh v State of Bihar. 2. In India, defamation can both be a civil wrong and a criminal offence. Which of the given above statements is/are correct?

Consider the following statements: 1. In 1962, the Supreme Court upheld the constitutionality of defamation in Kedar Nath Singh v State of Bihar. 2. In India, defamation can both be a civil wrong and a criminal offence. Which of the given above statements is/are correct? Correct Answer 2 only

The correct answer is 2 only.

Key Points

  • In 1962, the Supreme Court decided on the constitutionality of Section 124A in Kedar Nath Singh v State of Bihar.
    • It upheld the constitutionality of sedition, but limited its application to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”.
    • It distinguished these from “very strong speech” or the use of “vigorous words” strongly critical of the government.
  • What is defamation?
    • Defamation is the communication of a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation.
    • In India, defamation can both be a civil wrong and a criminal offence.
    • The difference between the two lies in the objects they seek to achieve.
    • A civil wrong tends to provide for a redressal of wrongs by awarding compensation and a criminal law seeks to punish a wrongdoer and send a message to others not to commit such acts.

Related Questions

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