HISTORY OF DEFAMATION AS A CRIMINAL OFFENCESection 499 of the Indian Penal Code enacted by British colonial rulers in 1860 made defamation a criminal offence and Section 500 set out punishment. Anyone found guilty of criminal defamation can be jailed but a civil offence means they can only be made to pay damages. The criminal law has been invoked in cases filed against journalists, politicians and industry leaders but convictions have been rare. "Criminal defamation laws have an inhibitory and silencing effect, even before a conviction,” it said. However, Supreme Court advocate Raju Ramachandran said the section on criminal defamation "is carefully and elaborately worded" and should stay.

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