Vikas Divyakirti (Credit - X)
An Ajmer court has taken cognizance of a criminal complaint against Drishti IAS founder Dr. Vikas Divyakirti for allegedly making derogatory and defamatory remarks against the judiciary and judges in a viral online video.
Divyakirti has been directed to appear in person before the court on July 22.
The complaint was filed by advocate Kamlesh Mandoliya, who pointed to the viral video titled ‘IAS vs Judge: Who is More Powerful, where he allegedly made inappropriate comments about the process of becoming a high court or a Supreme Court judge. According to the complaint, Divyakirti allegedly stated, “A District Judge is not a big deal… he eats alone… To become a High Court Judge, one has to lobby… distribute sweets, and still the file may not move.”
As per a Live Law report, the court observed, “Prima facie, the offence under Section 353(2) and Sections 356(2) and 356(3) of the Bharatiya Nyaya Sanhita, 2023, and Section 66A(B) of the Information Technology Act, 2000, appears to be made out against the accused. Hence, cognizance is hereby taken of the offences under the aforementioned sections.”
Under Section 499 of the Indian Penal Code (IPC), the defamation was defined. After the Bharatiya Nyaya Sanhita came into force, the term comes under the ambit of Section 356.
The new section defines Defamation as “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.”
The person convicted for defamation can be awarded with a punishment of up to two years or fine, or both. However the offence under this section is non-cogzinable and bailable.
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