Indian Penal Code, 1860
Section 500
repealedPunishment for defamation
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Why this exists
While Section 499 defines what conduct amounts to defamation and lists its exceptions, Section 500 supplies the actual punishment for committing that offence. Keeping punishment as simple imprisonment, rather than rigorous imprisonment, reflects that defamation, while serious, is treated as a less severe offence than crimes involving violence. The Bharatiya Nyaya Sanhita, 2023 continues to punish defamation under Section 356, effective from 1 July 2024.
How courts read it
In Subramanian Swamy v. Union of India (2016), the Supreme Court upheld both Sections 499 and 500 as constitutionally valid, holding that criminalising defamation with this punishment structure was a reasonable restriction on free speech to protect individual reputation and dignity.
Common misconceptions
- Myth: Defamation always results in jail time.
Fact: Section 500 gives courts discretion; punishment can be a fine alone, imprisonment alone, or both, depending on the seriousness of the case.