Indian Penal Code: Criminal Defamation

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Questions and Answers

Which Article of the Indian Constitution grants the President the power to grant pardons, reprieves, respites, suspend, remit, or commute sentences?

Article 71

Article 74

Article 73

Article 72 (correct)

What is the minimum period of imprisonment required for remission under Section 433A of the Code of Criminal Procedure (CrPC) 1973?

14 years (correct)

12 years

16 years

10 years

Who has the power to grant pardon for a sentence of death?

President (correct)

Prime Minister

Chief Justice

Governor

What is the punishment for defamation under Section 500 of the Indian Penal Code (IPC)?

Up to 2 years imprisonment or fine or both Signup and view all the answers

What is the Bharatiya Nyaya Sanhita (BNS), 2023?

A law that adds community service as punishment Signup and view all the answers

Which section of the Indian Penal Code (IPC) deals with the overall definition of defamation?

Section 499 Signup and view all the answers

What is remission in the context of criminal law?

Reduction in sentence period Signup and view all the answers

Under which Article of the Indian Constitution does the Governor have the power to grant pardon, suspend, remit, or commute sentences?

Article 161 Signup and view all the answers

What is the role of the Supreme Court in matters concerning public interest, human rights, and constitutional values?

To intervene and safeguard them against any form of violation or infringement Signup and view all the answers

What is the purpose of reserving seats for women belonging to Scheduled Castes and Scheduled Tribes in municipalities?

To fulfil a constitutional requirement Signup and view all the answers

What is the duration of a municipality as per Article 243U?

5 years Signup and view all the answers

What happens if a municipality is dissolved before the expiry of its 5-year term?

Elections are required to be completed within 6 months Signup and view all the answers

What is the consequence if the dissolved municipality's tenure is less than 6 months?

Elections are not required Signup and view all the answers

What is the role of the Supreme Court in protecting the constitution and the law?

It is the ultimate interpreter of the law Signup and view all the answers

Why are elections to constitute a municipality required to be completed before the expiration of its duration?

To ensure continuity of governance Signup and view all the answers

What happens to a municipality constituted upon the dissolution of another?

It only continues for the remainder of the period Signup and view all the answers

What is the purpose of the Uniform Civil Code (UCC) in India?

To formulate one law for the entire country applicable to all religious communities Signup and view all the answers

Which article of the Indian Constitution directs the State to secure a Uniform Civil Code throughout the country?

Article 44 Signup and view all the answers

What is the significance of the Shah Bano Case (1985) in relation to the Uniform Civil Code?

It highlighted the need for UCC, especially in maintenance matters Signup and view all the answers

Which state in India has a common civil code, known as the Portuguese Civil Code of 1867?

Goa Signup and view all the answers

What is the current status of the Uniform Civil Code in India?

Different religious communities are governed by separate personal laws Signup and view all the answers

Which case highlighted the need for uniform laws for consistency in 2019?

Paulo Coutinho vs Maria Luiza Valentina Pereira Signup and view all the answers

What is the significance of the Uttarakhand State Legislative Assembly passing the Uniform Civil Code, Uttarakhand, 2024 Bill?

It is the first state to pass a law on Uniform Civil Code Signup and view all the answers

Which of the following states are working on the implementation of the Uniform Civil Code?

Assam and Gujarat Signup and view all the answers

Study Notes

Constitutional and Legal Provisions for Criminal Defamation

The Indian Penal Code (IPC), 1860 has provisions for criminal defamation from Section 499-502.
Section 499 deals with the definition of defamation.
Section 500 deals with punishment, which can be up to 2 years imprisonment or fine or both.
The Bharatiya Nyaya Sanhita (BNS), 2023 adds community service as punishment.

Remission

Remission refers to the reduction in the period of sentence imposed on a person, without affecting the nature of the sentence.
The State may release convicts early under their remission policy.
Article 72 empowers the President of India to grant pardons, reprieves, respites, suspend, remit, or commute the sentence of a person convicted of any offense.
Article 161 grants the Governor similar powers to the President, but limited to matters within the executive power of the state.
The Governor can suspend, remit, or commute a sentence of death, but the power to grant pardon for a sentence of death lies with the President only.
Section 432 of the Code of Criminal Procedure (CrPC) 1973 grants the government power to suspend or remit sentences.
Section 433A mandates remission only after 14 years of imprisonment.
Sections 473, 475, 476, and 477 of the Bharatiya Nagarik Surakhsha Sanhita (BNSS), 2023 contain provisions related to remission.

Uniform Civil Code (UCC)

The Uttarakhand State Legislative Assembly passed the Uniform Civil Code, Uttarakhand, 2024 Bill.
The need for UCC was highlighted in the Shah Bano Case (1985) and Sarla Mudgal Case (1995).
Uttarakhand became the first state in the country to pass a law on Uniform Civil Code.
Assam and Gujarat are also working on the implementation of UCC.
Goa is the only place in India where a form of common civil code is in practice, the Portuguese Civil Code of 1867.
Article 44 under Part IV directs the State to endeavour to secure a UCC throughout the territory of India.

Municipalities

The duration of Municipalities is 5 years from the date appointed for its first meeting.
Elections to constitute a municipality are required to be completed before the expiration of the duration of the municipality.
If the municipality is dissolved before the expiry of 5 years, the elections for constituting a new municipality are required to be completed within a period of 6 months from the date of its dissolution.
A Municipality constituted upon the dissolution shall continue only for the remainder of the period.

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Description

This quiz covers the Indian Penal Code's provisions on criminal defamation, including Section 499's definition and Section 500's punishment. It also touches on the Bharatiya Nyaya Sanhita's addition of community service as punishment.