Maharashtra Bill
Maharashtra plans to amend the Bharatiya Nyaya Sanhita to cover defamatory social media posts
A Maharashtra government committee has recommended amending the Bharatiya Nyaya Sanhita to cover defamatory social media posts. The committee was set up in May 2026 to examine legal options for dealing with defamatory content online and has submitted its recommendations to the state Law and Judiciary Department.
Background
The committee has recommended a state amendment to the Bharatiya Nyaya Sanhita, which is on the Concurrent List. Maharashtra had also considered amending the Maharashtra Police Act or seeking changes to the IT Act, but dropped both options. According to a source, the Bharatiya Nyaya Sanhita amendment route was preferred as it would be vetted at multiple levels and have a stronger footing if challenged in courts.
Proposed Amendment
The Bharatiya Nyaya Sanhita already defines defamation but does not specifically refer to online content. The committee has proposed safeguards to address concerns that led the Supreme Court to strike down Section 66A in 2015. The drafting will be done in a way that these shortcomings pointed out by the Supreme Court in the past will be taken into consideration.
Implications
Criminalising defamatory social media posts could directly affect how Indians criticise public figures, companies and institutions online. A criminal provision can bring police investigations, FIRs and prosecution into disputes that might otherwise remain civil defamation matters. The continued use of Section 66A, which was struck down by the Supreme Court in 2015, provides a direct warning for Maharashtra's proposed Bharatiya Nyaya Sanhita amendment.
The committee's composition includes Maharashtra's Director General of Police, secretaries from the Law and Judiciary, IT, and Women and Child Development departments, and the Additional Director General of Police, Maharashtra Cyber. The Law and Judiciary Department will examine the proposal after the committee submits its report, before the state government considers it. Any amendment passed by the Maharashtra legislature will require the Centre's scrutiny and presidential assent before it can take effect. As reported by The Indian Express, the committee has three months to submit its report. The proposal will test how far the state can target genuinely defamatory speech without creating a broader offence that discourages lawful criticism, commentary or dissent. According to the source, the safeguards need to operate at both stages: defining the offence and preventing its misuse. The Indian Express also noted that the Bharatiya Nyaya Sanhita already contains Section 353, which criminalises certain statements and false information that can cause public alarm, disorder or enmity.
