Skip to main content

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.

Labels:

Comments

Post a Comment

Popular posts from this blog

Types of Punishments

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...
Post a Comment
Read more

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...
Post a Comment
Read more

Right of Private defence

The Right of Private defense: (Section 96 to 106): One of the fundamental principles of law is that every individual has a right to defend himself and his property. This is the doctrine of self-defense or self-preservation. Sec. 96 to 106 has recognized this rule and have provided for the limits within which it may be exercised. This may be discussed under two heads: a) Right of person b) Right of property 1. Right of person: A) Every person has a right to defend his own body and the body of any other person against any person. (Sec-97) B) Against a madman etc: The right extends in all circumstances against anyperson who is insane, drunk or who by a reason of youth immaturity is excused under law (Sec- 98) Eg: Z under madness attempts to kill A.A may defend and even kill Z if circumstances so warrant. C) Extension of the right: Sec-100 provides as follows :A person who is under a reasonable apprehension that his life is in danger,may to defend himself, voluntarily cause the death of th...
Post a Comment
Read more