Defamation and its ingredients

Defamation (Section 499- Section 502):

Defamation is an offence as defined in Sec-499 of IPC.

A person is guilty of defamation if he is:

1) by words - spoken or written,

2) by signs or visible representation,

3) makes or publishes any imputation concerning a person

4) Intending to harm or knows it would harm the reputation of such a person.

Punishment:

2 years simple imprisonment or fine or both

Explanation:

1) It amounts to defamation if the imputation harms the reputation of a deceased person.

2) A Company or an Association or a group of persons may be subject to defamation.

3) Ironical expressions amount to defamation.

Test:

The imputation when amounts to defamation are explained in Sec-499. In the estimation of others, directly or indirectly, the imputation must:

1) Lower his moral or intellectual character,

2) Lower his character in his caste, business or credit in society

3) Cause to believe that he was suffering from a disgraceful disease.

Essentials:

Publication is the essence of the offence. The suit for defamation to be maintainable, the statement should be published. The person (maker) and the publisher are both guilty for publication in newspapers.

E.g.:

1) A says Z is an "honest" man.He never stole B's watch to make others believe that Z did steal B's watch. This is defamation.

2) A draws a picture showing B running away with A's wrist watch. A's intention was to make others believe that B was a thief, this is defamation.

Exceptions:

There are 10 exceptions provided in Sec-499.they are:

1) Imputation of truth for public good

2) Public conduct of public servant

3) Conduct of any person touching any public questions

4) Publication of report of proceedings of court

5) Expresses the opinion on the decision of the court or by the conduct of a witness

6) Merits of public performance

7) Censure passed in good faith by person having lawful authority over another

8) Accusation preferred in good faith to authorized person

9) Imputation made in good faith by person for protection of his or others interest

10) Conveyance of caution for public good.

1. Imputation of truth for public good: If a person proves that the defamatory statement made by him is true and it is published for the public good, is not an offence.

2. Public conduct of public servant:

If a public servant in the discharge of his duty communicates to the higher authority about the conduct of his subordinate, he is not subject to the defamatory suits or proceedings.

3. Conduct of any person touching any public questions:

There is no defamation to express in good faith, any opinion respecting the conduct of any person or touching any public question.

4. Publication of report of proceedings of court: It is not a defamation and the accused is not liable.

5. Expresses the opinion on the decision of the court or by the conduct of a witness:

If a person in good faith, in the interest of justice expresses his opinion on the decision of the court or by the conduct of a witness, it is not an offence.

6. Merits of public performance

It is not a defamation to express in a good faith, the opinion which is done on the merits of public performance.

7. Censure passed in good faith by person having lawful authority over another:

It is not a defamation to pass any Censure passed in good faith by person having lawful authority over another in matters to which such lawful authority relates.

8. Accusation preferred in good faith to authorized person: It is not a defamation to prefer in good faith of such accusation.

9. Imputation made in good faith by person for protection of his or others interest:

It is not a defamation, to make an imputation, if it is made in a good faith for the protection of others interest or for the public good.

10.Conveyance of caution for public good:

It is not a defamation to convey a caution in good faith to one person against another; provided it is good for the person it’s been conveyed.

In Anna Hazare

V

State of Maharashtra

In this case, the complainant filed a complaint alleging that the accused committed an offence of Defamation by spoiling his reputation when Anna Hazare, a reputed social worker alleged that the complainant i.e. Minister of Maharashtra State was involved in bribery. The magistrate sentenced the accused to undergo2 month’s imprisonment as there was no evidence of bribery. Later the Maharashtra Government released Anna Hazare in the interest of public.