DEFAMATION AND ITS CONSTITUTIONAL VALIDITY UNDER THE BHARATIYA NYAYA SANHITA: A JUDICIAL AND PROPORTIONALITY ANALYSIS

Defamation significantly restricts the fundamental right to freedom of speech and expression guaranteed by Article 19(1)(a) of the Indian Constitution. Defamation is recognized as a justifiable restriction under Article 19(2) and aims to protect an individual's reputation, which is a part of the right to life under Article 21. The legal basis for criminal defamation has not changed much since the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). According to the law, defamation is the act of damaging someone else's reputation through written or spoken words, signs, or outward manifestations. Section 499 of the Indian Penal Code, 1860 is superseded by Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023. This clause protects individuals and organizations against undue reputational harm while also providing fair criticism for the benefit of the public. This article examines judicial reasoning, proportionality principles, and changing democratic values in modern Indian constitutional jurisprudence, as well as the relevant BNS clauses and the validity of defamation in light of Supreme Court precedent.