Now Reading: Maharashtra panel seeks BNS amendment for social media posts
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Maharashtra panel seeks BNS amendment for social media posts
A Maharashtra government committee has recommended amending the Bharatiya Nyaya Sanhita (BNS) to criminalise defamatory social-media posts. The panel, set up in May 2026, submitted its recommendations to the state Law and…
A Maharashtra government committee has recommended amending the Bharatiya Nyaya Sanhita (BNS) to criminalise defamatory social-media posts. The panel, set up in May 2026, submitted its recommendations to the state Law and Judiciary Department. It considered amending the Maharashtra Police Act or the IT Act but dropped both options, preferring a BNS amendment as it would have a stronger legal footing if challenged in court.
The BNS already defines defamation but does not specifically cover online content. The committee has proposed safeguards to address shortcomings that led the Supreme Court to strike down Section 66A of the IT Act in 2015. An official said the drafting will account for those past issues. The panel, headed by the state police chief, has three months to submit its final report. Any amendment passed by the state legislature will require central scrutiny and presidential assent.
Indian Opinion Analysis
The proposal revives a debate last settled in 2015, when the Supreme Court struck down Section 66A for being vague and chilling free speech. That provision continued to appear in police cases years after the ruling, including against journalists and academics. Maharashtra is now trying to criminalise the same class of online speech through the BNS. The risk is that a state-level amendment, even with safeguards, could be used against critics of the government or public figures. The draft text, due in three months, will determine whether the new offence is narrower than 66A or repeats its flaws. Watch for the exact wording of the proposed definition.
Source: medianama.com
This story was synthesised by AI from the source linked above.
