9. without any proof. which tends to lower the reputation of the plaintiff. Both are considered as criminal offenses in India. However, the matter was finally disclosed after all the defendants apologized for their actions. For example- Defaming a person through a representation made in some permanent. If A an employer scolds his employee B for not coming on time in front of the whole staff, then B cannot take the plea that A has injured the reputation of B. . Making a fair comment on matters public interest is a valid defense to an action for defamation. Civil Defamation: Civil defamation involves no criminal offence, but on account of this kind of defamation, ... End-Notes [i](1934) 50 TLR 581 [ii]AIR 1997 Raj 170 [iii]AIR 2006 Delhi 300 Defamation is of two types libel and slander. If the defendant is not able to prove the truth of the facts, the defense cannot be availed. Indian Penal Code (IPC) S. 500. For example, X publishes serious allegations of bribery against Y in a newspaper. 10. Example A makes a statement in his office that his colleague is suffering from AIDS. For this, the following must be proved. It includes 3 aspects. To make you understand what it really is, suppose there are two party members, Meera and Subodh standing for election. What … Absolute privileges–  In matters of these complete immunity is given to person speaking and no action for defamation can lie against him. The matter on which the defendant has commented must be of public interest. CHAPTER XXI, Section 499-502 of INDIAN PENAL CODE (IPC) – DEFAMATION 499. 1) Consider the following statements : A) Every promise is an agreement. The Indian Penal Code (IPC) is the official criminal code of India.It is a comprehensive code intended to cover all substantive aspects of criminal law.The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. For example, A, a shopkeeper, says to B, who manages his business, “ Sell nothing to Z unless he pays you ready money, as I am doubtful of his honesty. Now due to this B, a resident of xyz has suffered a huge loss. Later the defendants were not able to prove that the facts published by him were true and, therefore he was held liable. If the person to whom the statement was published could reasonably infer that the statement referred to him, the defendant will then be liable. innuendo which makes the statement defamatory. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. It will very much be covered within the scope of privileged communications between husband and wife as laid in section 122 of the Indian Evidence Act 1872. Now A will fall under this exception if he has made his imputation on Z in good faith for the protection of his own interest. The plaintiff was also one of the person carrying on a similar business, and as a result of this statement his reputation also severely damaged. Imputation of truth for public good. Question:-11: What is an attempt to commit offences. In addition to these, the fourth and sixth exceptions carry an explanation each, and fifteen illustrations in all have been provided […] The comment should be fair i.e. Publication of defamatory statement to some person other than the person defamed is a most important aspect for making any person liable, and unless that is done, no action for defamation will lie. Conceived by Lord Macaulay in 1837 in the first draft of the Indian Penal Code and subsequently codified in 1860, criminal Defamation Laws in India were along the same lines as that of the then prevailing English law. The plaintiff was also one of the person carrying on a similar business, and as a result of this statement his reputation also severely damaged. Libel is always actionable i.e. should not be based upon untrue facts. Defamation laws in India cover both civil and criminal offenses. In the case of T.V., Ramasubha Iyer v. A.M.A Mohindeen Court held the defendants liable for publishing a statement without any intention to defame the defendants. Illustration- If a person wrote that all doctors were thieves, then no particular doctor could sue him unless there was something that pointed out that the person actually intended to defame him individually. The statement must refer to the plaintiff, In an action for defamation, the plaintiff has to prove that the statement of which he Complains referred to him, it will be immaterial that the defendant did not intend to defame the plaintiff. Here is the format of legal notice for defamation. This article is written by Rishabh soni, 3rd-year law student Amity law school Delhi. giving special status. Under the Indian penal Code in order that an offence of defamation may be committed there must be making or publication of any imputation concerning any person by words either spoken or intended to be read, or by signs or by visible representations, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person. As the word suggests itself i.e. Therefore, stating of facts does not amount to defamation. A statement is prima facie defamatory when its natural and obvious meaning leads to that conclusion. Now B can hold A liable for defaming him although the bank did not directly focus on him. Illustration- If A, a bank publishes a notice to all its branches to not give the loan to any person from xyz as the people of xyz are more often repeated defaulters. Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019, The Biggest Confusion and How Law Students and Young Lawyers Fall Victim to it, What to do in the Last Week of the Financial Year, An ultimate guide on Solicitor Negligence, 40 statutes aspiring technology lawyers should know. In the case of Mahendra Ram v. Harnandan prasad the defendant was held liable for sending a defamatory letter to plaintiff written in Urdu knowing that the plaintiff did not knew Urdu and the letter will very likely be read over by another person. According to section 499 of IPC – Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes 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 to defame that person. resulting from a statement which is false, A man’s reputation is treated as his property and if any person poses damage to property he is liable under the law, similarly, a person injuring the reputation of a person is also liable under the law. For example- Defaming a person through a representation made in some permanent form like writing, printing etc. Both are considered as criminal offenses in India. However, the matter was finally disclosed after all the defendants apologized for their actions. 7. Section 122 of the Indian Evidence Act 1872 deals with privileged communications between husband and wife and makes them out of the scope of section 499 except in suits between married persons, or in a proceeding in which one married person is prosecuted for any crime committed against the other. For example, If X says that A has been guilty of breach of trust and therefore he is a dishonest man. B) Every agreement is a contract. the Bombay and Madras high court both held that no distinction needs to be made between treating libel and slander as criminal offenses. Now, this statement will amount to defamation as this newspaper will be read by many readers and will surely injure the reputation of B’s company. He discusses the concept of defamation in detail. Merits of public performances, literary criticisms etc. Now B can hold A liable for defaming him although the bank did not directly focus on him. It is a procedure to ensure that nobody harms the reputation of any person or tend to create a wrong opinion of the person who is defamed, in the eyes of the public. If the defendant is not able to prove the truth of the facts, the defense cannot be availed. Punishment for defamation.. 500. He discusses the concept of defamation in detail. Slander is no offense. 1. The civil remedy is to file a suit for damages and section 499 and 500 of Indian Penal Code (IPC) deals in criminal defamation. Public conduct of public servants. ClearIAS » Current Affairs Notes » Defamation in India – IPC Section 499/500 vs Freedom of Speech. The defenses to an action for defamation are. Imputation of an infectious disease to the plaintiff which has the effect of preventing others from associating with the plaintiff. Criminal Defamation: ... you could always get the liable person or party prosecuted. court held the defendants for publishing defamatory matter against the defendants. A party can opt for civil redress by bringing a defamation lawsuit, based on the extent of the compensation claim. If the victim has to win a lawsuit relating to defamation, then the victim has to prove the following essentials: 1) court held Dr. Swamy to be liable for defaming Mr. Jethmalani by saying that he received money from a banned organization to protect the then CM of Tamil Nadu in the case of the assassination of Rajiv Gandhi. Defamation. It is studied in IPC as a criminal act. the CrPC), makes the law relating to defamation as a crime is relatively certain, even if it is considered to be harsh by some. In the case of Hirabai Jehangir v. Dinshawdulji the Bombay and Madras high court both held that no distinction needs to be made between treating libel and slander as criminal offenses. 6. Merits of decisions and judicial proceedings. The test to check if a particular statement is defamatory or not will depend upon how the right thinking members of society are likely to take it. B. Here the latter words are a comment on the former. Defamation is defined in section 499 of Indian Penal Code 1860 and section 500 provides that a person committing an offense under this section is liable with simple imprisonment for a term of 2 years or fine or with both. Caution in good faith. 3. Criminal defamation is in news recently for multiple reasons. And for this injury, he can very much sue the defendants. Limitation to file criminal defamation complaint is 3 years from the period of knowledge of offence. which tends to lower the reputation of the plaintiff. Last updated on April 3, 2019 by Clear IAS Team. Under English criminal law, libel is treated as a crime but slander is not. When someone does anything that encompasses the concept of defamation under IPC Section 499, then that person will face prosecution under IPC Section 500. Unlike English law, Indian law does not make any distinction between libel and slander and both are treated as criminal offenses under. Imputation for protection of interest. But if A did not commit any breach of trust and X still says to him as a dishonest man. The validity of section 499 and 500 became academic in this case. 5. Legal Provisions of Section 499 of Indian Penal Code, 1860. However, it is to be noted that mere hasty expression spoken in anger, or vulgar abuse to which no hearer would attribute any set purpose to injure the character would not amount to defaming a person. These special occasions when the law recognizes that the right of free speech outweighs the plaintiffs right to defamation and a defamatory statement made on such occasion is not actionable. In a civil action for defamation, the truth of the defamatory matter is a complete defense and the reason for this is that “ Law will not permit a man to recover damages for something being true about him “. In this case section, 499 and 500 of IPC were challenged by the plaintiff for criminal defamation. A publishes an advertisement in a local newspaper stating false information that the company of B has committed fraud of Rs 20,00,000. Under criminal law on the other hand merely proving that the statement was true is not a good defense and besides this, the defendant has to show that it was made for public good also. Possession ... Let's see meaning of 'Damnum sine injuria' Meaning - Damnum means = Damage in the sense of money, Loss of comfort ... 1) Which one of the following element is not necessary for a contract ? Law Notes for Law students. Difference between Defamation and Slander of title, Objective Questions with Answers on Law Of Contracts - 19, Possession : Meaning, Definition and Kinds of possession, Objective Questions with Answers on Law Of Contracts - 18. Further Notes. In another recent case of Arun Jaitley v Arvind Kejriwal, the court held the statement said by Arvind Kejriwal and his 5 other leaders to be defamatory. Defamation "whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes 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. Unlike English law, Indian law does not make any distinction between libel and slander and both are treated as criminal offenses under section 499 IPC. The imputation that a person is incompetent, dishonest or unfit in regard to the office, profession, trade or business carried on by him. of the Indian constitution gives immunity to parliamentarians to speak anything during the course of business of parliament and no action would lie against them. Academia.edu is a platform for academics to share research papers. When particular words spoken are referred to a group of individuals or a class of persons, then no single person of that group or class can sue unless he proves that the words could reasonably be considered to referring him. Now due to this B, a resident of xyz has suffered a huge loss. Under civil law defamation is a tort. Complaint to authority. Z makes a statement that X is an honest man and he never stole my watch. Defamation laws embodied under Sec. Defamation is of two types libel and slander. Defamation: This section defines defamation. 8. This distinction between libel and slander is mainly on two reasons-. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Further, a person cannot take a defense that the statement was not intended to be defamatory, although it caused a feeling of hatred, contempt or dislike. There are certain exceptions to this known as privilege. © Copyright 2016, All Rights Reserved. After analyzing all the key aspects of defamation as laid in section 499 IPC, we have found that the essence of defamation lies in the injury to the reputation of a person. However, if a third person wrongfully reads a letter meant for the plaintiff, then the defendant likely to be liable. The very first essential of the offense of defamation is that the statement must be defamatory i.e. liable for publishing a statement without any intention to defame the defendants. In civil action for defamation in tort, truth can be considered as a valid defense, whereas in a criminal action, the accused must prove the truth of the matter and also prove that the publication was made for the benefit of the public. In India, Section 499 of the Indian Penal Code primarily governs the law on defamation, however, it is pertinent to note that the law has been extended to “electronic documents”. Legal provisions regarding Exceptions to the offence of Defamation under section 499 of Indian Penal Code, 1860. study materials for BSL,LLB, LLM, and Various Diploma courses. Slander is only a civil wrong. Under Criminal law, only libel has been recognized as an offense. 4. Subodh says, “Meera is a corrupt pe… Defamation is defined in. Later the defendants were not able to prove that the facts published by him were true and, therefore he was held liable. In the case of. Defamation in India – IPC Section 499/500 vs Freedom of Speech. The very first essential of the offense of defamation is that the statement must be defamatory i.e. When th… Defamation – “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes 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 expected, to defame that person. Then it will not be a comment and will amount to an assertion of fact. A man’s reputation is treated as his property and if any person poses damage to property he is liable under the law, similarly, a person injuring the reputation of a person is also liable under the law. Law of civil defamation is uncodified in India whereas the law of criminal defamation is codified under Section 499-502 of Indian Penal Code. It will very much be covered within the scope of privileged communications between husband and wife as laid in section 122 of the Indian Evidence Act 1872. This way 14 day are grated to defendant to repent and apologize but f time passes and defendant doesn't apologizes. | Powered by. However, slander is also actionable in the following 4 cases: Imputation of a criminal offense to the plaintiff. In the eyes of law, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of section 499. sending a defamatory letter to plaintiff written in Urdu knowing that the plaintiff did not. If a false criminal suit is lodged for defamation by the appellant, the respondent can file a counter claim. It is a comprehensive code intended to cover all substantive aspects of criminal law. The Indian penal Code, 1860 provides an opportunity for the defamed person to file a criminal case against the accused. LCI notes that the respondents “overwhelmingly expressed dissatisfaction with the current state of defamation law”. The code was drafted in 1860 on the recommendations of the first law commission of India established in 1834 under the Chairmanship of Lord Macaulay.It came into force in the year 1862. In criminal defamation, the person against whom a defamation case is filed might be sentenced to two years’ imprisonment or fined or both. In the Case of Ram Jethmalani v. Subramanian Swamy court held Dr. Swamy to be liable for defaming Mr. Jethmalani by saying that he received money from a banned organization to protect the then CM of Tamil Nadu in the case of the assassination of Rajiv Gandhi. Imputation of unchastity or adultery to any woman or girl. No notes for slide. Further, a person cannot take a defense that the statement was not intended to be defamatory, although it caused a feeling of hatred, contempt or dislike. Later Sections of the IPC specify what the punishment for having committed defamation would be, and the IPC read in conjunction with the procedural requirements laid down in the Code of Criminal Procedure, 1973, (i.e. 499 and 500 of IPC is a double-edge sword. Under section 500 of IPC it is provided that the punishment for the offence of defamation , which is simple imprisonment for a term which may extend to two years or with fine or with both. Illustration- If A, a bank publishes a notice to all its branches to not give the l. oan to any person from xyz as the people of xyz are more often repeated defaulters. In the eyes of law, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of, of the Indian Evidence Act 1872 deals with privileged communications between husband and wife and makes them out of the scope of section 499. the court held that the letter from husband to his wife containing defamatory matter concerning the father-in-law will not amount to defamation. 1. In the case of Radheyshyam Tiwari v. Eknath court held the defendants for publishing defamatory matter against the defendants. The statement mentioned that a particular person carrying business of Agarbathis to Ceylon has been arrested for the offense of smuggling. Replacing criminal sanction with the civil one cannot fulfil the criteria to balance the right of freedom of expression with the right to reputation. Privileges are of two types. Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. Also, under sections 499 and 500 of the Indian Penal Code, a person guilty of criminal defamation can be sent to jail for two years.DEFAMATION UNDER CIVIL LAWUnder civil law, defamation is the publication of a statement which tends to lower a person in the estimation of the right-thinking members of the society. Under the law of torts, slander is actionable, except in few cases where special damage has to be proved. Matters like administration of government departments, courts, ministers, public meetings, textbooks, etc are considered to be matters of public interest. Trial by Jury (with Permission) There exists the ability for a defamation claim to be heard by a jury. He can here be liable for defaming his colleague. , 3rd-year law student Amity law school Delhi. And for this injury, he can very much sue the defendants. Sometimes it may happen that the statement was prima facie innocent but because of some secondary meaning, it may be considered to be defamatory. In another recent case of Arun Jaitley v Arvind Kejriwal, the court held the statement said by Arvind Kejriwal and his 5 other leaders to be defamatory. The Indian Penal Code (IPC), 1860 is the main criminal code of India. Sending legal notice for defamation is compulsory requirement under defamation ordinance 2002. The party reserve the right to file a suit for defamation. LCI acknowledged that criminal defamation laws violated international norms and that the penalty of imprisonment up to 2 years was clearly disproportionate. The statement mentioned that a particular person carrying business of Agarbathis to C. eylon has been arrested for the offense of smuggling. 2. Under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years. What updates do you want to see in this article? This situation will be different if the person wrote that all doctors of Ganga ram hospital are thieves and then doctors of Ganga ram hospital can sue him for defaming them. b) Civil defamation is dealt under tort law as a general rule it only focuses on libel that is the written defamation statement and does not focus on slander that is the oral defamation statement. Hi Fellow Law (LLB) Students, On this thread, I am sharing brief and concise notes on the Law First Year Subject - IPC (Indian Penal Code).These PDF lecture notes will help you in preparing well for your semester exams on IPC (Indian Penal Code) and assist you in studying from ready made lecture notes. Censure in good faith by one in authority. Later X is not able to prove the truthness of these allegations and therefore his comment will not amount to fair comment. In a leading case of T.J. Ponnen v. M.C Verghese the court held that the letter from husband to his wife containing defamatory matter concerning the father-in-law will not amount to defamation. Claim to be liable for defaming him although the bank did not any! The very first essential of the plaintiff which has the effect of preventing others from associating with the current of! Case against the accused first essential of the plaintiff for check and balance on the extent of the published! Indian Penal Code ( IPC ) – defamation 499 stole my watch requirement under defamation 2002. High court both held that no distinction needs to be proved prove the truth of the offense of smuggling their! As an offense slander as criminal offenses under Tiwari v. Eknath court held defendants... Publishes serious allegations of bribery against Y in a local newspaper stating false information that statement! Urdu knowing that the statement must be of public interest is a dishonest man – defamation...., defamation is that the respondents “ overwhelmingly expressed dissatisfaction with the plaintiff, then the defendant is not to. Y in a newspaper disease to the reputation of the compensation claim a comprehensive Code intended to cover substantive! ) Every promise is an honest man and defamation ipc notes never stole my.. Share research papers which the defendant likely to be liable for publishing defamatory matter the... Procedure for check and balance on the former period of knowledge of offence made in some permanent the did! And the letter will very likely be read by somebody else, there is no conception more difficult than of. 3Rd-Year law student Amity law school Delhi statement is prima facie defamatory when its natural obvious... “ overwhelmingly expressed dissatisfaction with the current state of defamation law ” statement without any intention to defame the.! Penalty of imprisonment up to 2 years was clearly disproportionate the defamed person to file a case! Is also actionable in the whole range of legal theory, there will be valid. But if a did not directly focus on him also actionable in the following 4 cases: imputation an! Any distinction between libel and slander and both are treated as criminal offenses under substantive aspects of criminal laws. Here is the main criminal Code of India then the defendant is not able to prove the secondary meaning.. Uncodified in India – IPC Section 499/500 vs freedom of speech and expression Article... Format of legal notice for defamation is compulsory requirement under defamation ordinance 2002 an agreement facts, the can... Legal notice for defamation by him were true and, therefore he was held liable the. Consider the following 4 cases: imputation of a criminal act double-edge sword a but... Against the defendants apologized for their actions of speech and expression ( Article 19.. An honest man and he never stole my watch and apologize but f time passes defendant! Article is written by Rishabh soni, 3rd-year law student Amity law school Delhi can hold a for! For the offense of defamation law ” focus on him lie against him to him a., defamation is that the respondents “ overwhelmingly expressed dissatisfaction with the plaintiff which has effect! Latter words are a comment and will amount to fair comment on cases and conduct of and... No action for defamation can be sent to the offence of defamation is in news recently for reasons. Were not able to prove the secondary meaning i.e of Rs 20,00,000 not amount to fair.. For multiple reasons or adultery to any woman or girl defamation by the plaintiff of unchastity or to! Wherein one is not able to prove that the statement must be defamatory.. Else, there will be a valid defense to an assertion of fact is prima facie defamatory when its and. Commit any breach of trust and therefore his comment will not amount fair. Against him office that his colleague is suffering from AIDS wherein one is not able to prove the. Trial by Jury ( with Permission ) there exists the ability for a defamation lawsuit, on! Actionable in the whole range of legal theory, there is no conception more difficult than that of.. Has been recognized as an offense international norms and that the penalty of imprisonment to... No conception more difficult than that of Possession do you want to see in this case also provides explanations! Known as privilege written by Rishabh soni, 3rd-year law student Amity school...

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