India’s laws on criminal defamation and intentional insult are not new. Sections 499 and 500 of the Indian Penal Code (IPC), introduced in 1860, make it a crime to publish false statements that harm a person’s reputation, with punishment of up to two years in jail, a fine, or both. Section 504 of the IPC similarly penalizes intentional insults that may provoke a breach of peace. These provisions apply equally to men and women.

Recent viral social media posts claiming that girls can now be jailed for insulting boys are misleading. The law has always been gender-neutral. What has changed is the impact of social media, where allegations and insults can spread instantly and cause lasting reputational damage. As a result, police and courts are taking online defamation and public accusations more seriously.

Debate has also intensified around false sexual assault allegations. In the Ayushi Bhatia case in Gurugram, a woman was arrested for allegedly filing multiple false rape complaints to extort money. Courts, including the Kerala High Court, have stressed that while genuine complaints must be treated seriously, allegations must still be examined carefully.

The case of Vishnu Tiwari from Lalitpur, Uttar Pradesh, highlights the consequences of wrongful conviction. Arrested in 2000 on rape charges, he spent nearly 20 years in prison before the Allahabad High Court acquitted him in 2021, citing serious flaws in the evidence. By the time of his release, he had lost much of his family and property. The National Human Rights Commission later took notice of the case.

Legal experts say the challenge is to balance protection for genuine victims with safeguards against misuse. While most complaints are legitimate, false accusations and online shaming can cause irreversible harm, underscoring the need for careful investigation and due process.

Tags

• vishnu tiwari
• ayushi bhatia
• justice

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