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Supreme Court of India

Subramanian Swamy v. Union of India, Ministry of Law & Ors.

Neutral citation
Reported as [2016] 3 S.C.R. 865
Decided 13 May 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

21 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid analysis, we uphold the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 of the Code of Criminal Procedure.

Judgment, page 153

From the headnote

PENAL CODE, 1860: ss.499, 500 - Constitutional validity of - Held: ls constitutionally valid - The Preamble balances different and divergent rights - Keeping in view the constitutional value, the legislature has not repealed s.499 and kept the same alive as a criminal offence - It is not correct to hold that the existence of criminal defamation is absolutely obnoxious to freedom of speech and expression - It neither invites the frown of any of the Articles of the Constitution nor its very existence can be regarded as an unreasonable restriction - Code of Criminal Procedure, 1973 - ss.199(1)

Authorities it was built on

Where later benches applied it

Of those, 9 relied on · 12 referred to

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