Which of the following is true in context of defamation 1 Indian Penal Code provides ...........

Indian Polity Fundamental Rights

Which of the following is true in context of defamation?

1. Indian Penal Code provides for Civil as well as Criminal suits in cases of defamation.

2. The Supreme Court has argued that reputation of an individual is 'shared value of the collective' and hence elevated to status of a fundamental right under Article 21.

3. The criminalization of defamation to protect individual reputation amounts to Reasonable Restrictions on freedom of speech

Select the correct answer using codes given below

1 and 2 only

1 only

1 and 3 only

All are correct

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Explanation:

Generally speaking, the crimes which harm the collective values of the society ought to be punished more severely and are treated as criminal suits.
Defamation is both Civil and Criminal offence in India and it has been often argued that defamation being a criminal offence stifles the fundamental right to free expression.
The Supreme Court has ruled that reputation of an individual is 'shared value of the collective' (i.e. reputation exists vis-à-vis society and not just at individual level) and hence elevated to status of a fundamental right under Article 21. Therefore keeping it a criminal offence and imposing reasonable restrictions over it is justified under the provisions of Article 19.