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Maharashtra Panel Recommends BNS Amendment for Defamatory Social Media Posts; Shreya Singhal Precedent

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
25 Aug 2026
~2 min
Source: Indian Express
Key Data:Section 66A struck down in Shreya Singhal v. Union of India (2015)Subramanian Swamy v. Union of India (2016) upheld criminal defamationPuttaswamy v. Union of India (2017) proportionality standardBNS Section 356 defines defamation (2 years imprisonment)Kerala Police Act amendment 2020 (3 years jail, withdrawn)Abhijit Iyer Mitra v. Dushyant Arora (Sep 2025) on 'like' as defamation
Bodies:Supreme Court of IndiaMaharashtra GovernmentKerala High CourtKerala Government
Practice MCQs from today's news ▸
What This Article Covers

1.Maharashtra panel recommends state-level BNS amendment to cover defamatory social media posts, with safeguards to prevent misuse.

2.Supreme Court in Shreya Singhal (2015) struck down Section 66A of IT Act as unconstitutional for violating Article 19(1)(a) due to vagueness and overbreadth.

3.Defamation is a reasonable restriction under Article 19(2) and was upheld in Subramanian Swamy (2016) as a competing right to reputation under Article 21.

The Big Picture
Prelims · HighMains · High

A Maharashtra government panel has recommended amending the Bharatiya Nyaya Sanhita (BNS) to specifically criminalize defamatory social media posts, reviving the spirit of the now-struck-down Section 66A of the IT Act. This raises critical constitutional questions about balancing free speech (Article 19(1)(a)) with the right to reputation (Article 21), especially after the Supreme Court struck down Section 66A in Shreya Singhal vs Union of India (2015) for vagueness and overbreadth. For exam aspirants, understanding the legal framework of defamation, the concept of reasonable restrictions, and the proportionality standard is crucial.

Exam Lens

Quick Exam Facts From News

Section 66A struck downShreya Singhal v. Union of India (2015)
Criminal defamation upheldSubramanian Swamy v. Union of India (2016)
Defamation in BNSSection 356 of Bharatiya Nyaya Sanhita
Kerala amendment withdrawnThree-year jail term under Kerala Police Act (2020)
Recent case on 'like' as defamationAbhijit Iyer Mitra v. Dushyant Arora (Sep 2025)

1-Minute Revision

  • ›Section 66A struck down: Shreya Singhal v. Union of India (2015)
  • ›Criminal defamation upheld: Subramanian Swamy v. Union of India (2016)
  • ›Target this Data: Shreya Singhal v. Union of India (2015) struck down Section 66A of IT Act for vagueness and overbreadth.
  • ›Target this Nodal Body: Maharashtra Government Panel on defamatory social media content; amendment to Bharatiya Nyaya Sanhita (BNS).
  • ›Target this Legal Point: Article 19(2) of the Constitution explicitly lists defamation as a ground for reasonable restrictions on free speech.

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Q1Static LinkageEasy

Which Article of the Constitution of India allows the state to impose reasonable restrictions on freedom of speech in the interest of defamation?

Q2Statement-basedHard

Consider the following statements:

1. The Supreme Court in Shreya Singhal vs Union of India (2015) struck down Section 66A of the Information Technology Act for being vague and overbroad.

2. Criminal defamation under the Bharatiya Nyaya Sanhita, 2023 is punishable with imprisonment up to three years.

3. In Subramanian Swamy vs Union of India (2016), the Supreme Court upheld the constitutional validity of criminal defamation.

Which of the statements given above is/are correct?

Q3Data-centricEasy

In which year did the Supreme Court strike down Section 66A of the Information Technology Act in the Shreya Singhal case?

Q4Application/ImpactMedium

What is the primary constitutional principle that the Supreme Court applied in Shreya Singhal to strike down Section 66A, which must be considered in any future law on digital defamation?

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