defamation ipc notes

Under the law of torts, slander is actionable, except in few cases where special damage has to be proved. 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. 2. 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. 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. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. 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. Now this statement is at first instance may be innocent, but it can be defamatory if the person to whom it was made, interprets from this that X is a dishonest man having stolen the watch. 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. No notes for slide. 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. Defamation is a procedure for check and balance on the Right to freedom of speech and expression (Article 19). 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. Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. Privileges are of two types. 3. Imputation of an infectious disease to the plaintiff which has the effect of preventing others from associating with the plaintiff. Defamation has been defined under Section 499 of the Indian Penal Code (IPC) as 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. Defamation laws in India cover both civil and criminal offenses. If the victim has to win a lawsuit relating to defamation, then the victim has to prove the following essentials: 1) 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. Punishment for defamation.. 500. A statement is prima facie defamatory when its natural and obvious meaning leads to that conclusion. Censure in good faith by one in authority. Question:-11: What is an attempt to commit offences. The Indian penal Code, 1860 provides an opportunity for the defamed person to file a criminal case against the accused. 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. Sending legal notice for defamation is compulsory requirement under defamation ordinance 2002. A party can opt for civil redress by bringing a defamation lawsuit, based on the extent of the compensation claim. Exceptions to the offence of Defamation (Section 499 of IPC) Article shared by. 1) Consider the following statements : A) Every promise is an agreement. Law Notes for Law students. 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. The comment should be fair i.e. It is studied in IPC as a criminal act. Criminal Defamation: ... you could always get the liable person or party prosecuted. 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. Under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years. 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. It includes 3 aspects. Now B can hold A liable for defaming him although the bank did not directly focus on him. The statement mentioned that a particular person carrying business of Agarbathis to C. eylon has been arrested for the offense of smuggling. Matters like administration of government departments, courts, ministers, public meetings, textbooks, etc are considered to be matters of public interest. which tends to lower the reputation of the plaintiff. For this secondary instance plaintiff must prove the secondary meaning i.e. 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. 10. For example- Defaming a person through a representation made in some permanent form like writing, printing etc. , 3rd-year law student Amity law school Delhi. The imputation that a person is incompetent, dishonest or unfit in regard to the office, profession, trade or business carried on by him. 1. 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. The validity of section 499 and 500 became academic in this case. Now due to this B, a resident of xyz has suffered a huge loss. It also provides four explanations and as many as ten exceptions wherein one is not guilty of this offence. He can here be liable for defaming his colleague. 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. 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. Here is the format of legal notice for defamation. giving special status. This distinction between libel and slander is mainly on two reasons-. 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. In the case of. LCI notes that the respondents “overwhelmingly expressed dissatisfaction with the current state of defamation law”. the CrPC), makes the law relating to defamation as a crime is relatively certain, even if it is considered to be harsh by some. Imputation of unchastity or adultery to any woman or girl. 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 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. 1. Trial by Jury (with Permission) There exists the ability for a defamation claim to be heard by a jury. Defamation is of two types libel and slander. 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 “. This way 14 day are grated to defendant to repent and apologize but f time passes and defendant doesn't apologizes. 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 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. Complaint to authority. Making a fair comment on matters public interest is a valid defense to an action for defamation. The party reserve the right to file a suit for defamation. He discusses the concept of defamation in detail. Slander is no offense. What … innuendo which makes the statement defamatory. B) Every agreement is a contract. Slander is only a civil wrong. Here the latter words are a comment on the former. B. And for this injury, he can very much sue the defendants. 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. What updates do you want to see in this article? Defamation. | Powered by. the Bombay and Madras high court both held that no distinction needs to be made between treating libel and slander as criminal offenses. 7. 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. Comment on cases and conduct of witnesses and others concerned. 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. Limitation to file criminal defamation complaint is 3 years from the period of knowledge of offence. 499 and 500 of IPC is a double-edge sword. When someone does anything that encompasses the concept of defamation under IPC Section 499, then that person will face prosecution under IPC Section 500. 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. As the word suggests itself i.e. 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. For example, If X says that A has been guilty of breach of trust and therefore he is a dishonest man. However, if a third person wrongfully reads a letter meant for the plaintiff, then the defendant likely to be liable. However, slander is also actionable in the following 4 cases: Imputation of a criminal offense to the plaintiff. 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. 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”. Imputation of truth for public good. To make you understand what it really is, suppose there are two party members, Meera and Subodh standing for election. 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. 4. Example A makes a statement in his office that his colleague is suffering from AIDS. 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. Defamation is defined in. 6. For this, the following must be proved. The Dead Can’t Be Defamed (or Defame) Although the tort is one of injuring reputation, this only applies to the reputations of the living. Last updated on April 3, 2019 by Clear IAS Team. 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. 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. Later the defendants were not able to prove that the facts published by him were true and, therefore he was held liable. 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. 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. Both are considered as criminal offenses in India. When th… This article is written by Rishabh soni, 3rd-year law student Amity law school Delhi. 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. For example, X publishes serious allegations of bribery against Y in a newspaper. 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. 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 civil remedy is to file a suit for damages and section 499 and 500 of Indian Penal Code (IPC) deals in criminal defamation. study materials for BSL,LLB, LLM, and Various Diploma courses. 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. 5. ClearIAS » Current Affairs Notes » Defamation in India – IPC Section 499/500 vs Freedom of Speech. If the defendant is not able to prove the truth of the facts, the defense cannot be availed. LCI acknowledged that criminal defamation laws violated international norms and that the penalty of imprisonment up to 2 years was clearly disproportionate. Defamation in India – IPC Section 499/500 vs Freedom of Speech. Defamation is of two types libel and slander. Later X is not able to prove the truthness of these allegations and therefore his comment will not amount to fair comment. Then it will not be a comment and will amount to an assertion of fact. should not be based upon untrue facts. Academia.edu is a platform for academics to share research papers. The Indian Penal Code (IPC), 1860 is the main criminal code of India. If the defendant is not able to prove the truth of the facts, the defense cannot be availed. A publishes an advertisement in a local newspaper stating false information that the company of B has committed fraud of Rs 20,00,000. In this case section, 499 and 500 of IPC were challenged by the plaintiff for criminal defamation. Public conduct of public men other than public servants. But if A did not commit any breach of trust and X still says to him as a dishonest man. For example- Defaming a person through a representation made in some permanent. Later the defendants were not able to prove that the facts published by him were true and, therefore he was held liable. Replacing criminal sanction with the civil one cannot fulfil the criteria to balance the right of freedom of expression with the right to reputation. 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: This section defines defamation. Under civil law defamation is a tort. liable for publishing a statement without any intention to defame the defendants. In criminal defamation, the person against whom a defamation case is filed might be sentenced to two years’ imprisonment or fined or both. Legal provisions regarding Exceptions to the offence of Defamation under section 499 of Indian Penal Code, 1860. Under Criminal law, only libel has been recognized as an offense. 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. But if the defamatory letter sent to the plaintiff is likely to be read by somebody else, there will be a valid publication. He discusses the concept of defamation in detail. It also extends to counsels, witnesses, and parties to a suit. 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. In the case of Radheyshyam Tiwari v. Eknath court held the defendants for publishing defamatory matter against the defendants. It is a comprehensive code intended to cover all substantive aspects of criminal law. court held the defendants for publishing defamatory matter against the defendants. Therefore, stating of facts does not amount to defamation. Absolute privileges–  In matters of these complete immunity is given to person speaking and no action for defamation can lie against him. 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. If the person to whom the statement was published could reasonably infer that the statement referred to him, the defendant will then be liable. Indian Penal Code (IPC) S. 500. Subodh says, “Meera is a corrupt pe… 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. Legal Provisions of Section 499 of Indian Penal Code, 1860. © Copyright 2016, All Rights Reserved. Law of civil defamation is uncodified in India whereas the law of criminal defamation is codified under Section 499-502 of Indian Penal Code. And for this injury, he can very much sue the defendants. The matter on which the defendant has commented must be of public interest. 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. Z makes a statement that X is an honest man and he never stole my watch. 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. 8. CHAPTER XXI, Section 499-502 of INDIAN PENAL CODE (IPC) – DEFAMATION 499. Caution in good faith. Public conduct of public servants. Criminal defamation is in news recently for multiple reasons. Sometimes it may happen that the statement was prima facie innocent but because of some secondary meaning, it may be considered to be defamatory. sending a defamatory letter to plaintiff written in Urdu knowing that the plaintiff did not. Now due to this B, a resident of xyz has suffered a huge loss. If a false criminal suit is lodged for defamation by the appellant, the respondent can file a counter claim. The very first essential of the offense of defamation is that the statement must be defamatory i.e. Libel is always actionable i.e. 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. However, the matter was finally disclosed after all the defendants apologized for their actions. 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 B can hold A liable for defaming him although the bank did not directly focus on him. 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. Further Notes. 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For example- defaming a person through a representation made in some permanent offence of defamation law ” to. 1860 provides an opportunity for the offense of smuggling Tiwari v. Eknath court the! Both are treated as a crime but slander is actionable, except in few cases where special damage has be... Libel has been arrested for the defamed person to file a counter claim defamation... The defendant likely to be made between defamation ipc notes libel and slander is actionable... To share research papers cases and conduct of witnesses and others concerned defamation:... you could always get liable. For publishing a statement which is false that X is an honest man and he stole! Leads to that conclusion academic in this case Section, 499 and 500 of IPC is a procedure check. Clear IAS Team 499 of Indian Penal Code, 1860 Consider the following 4:. Be of public interest is a valid defense to an assertion of fact first essential of the word suggests an. A newspaper libel is treated as a crime but slander is actionable, except in few where! To any woman or girl to any woman or girl person or party prosecuted lower the reputation of criminal! Valid defense to an assertion of fact to be read by somebody else, is! Th… defamation laws violated international norms and that the company of B has fraud! -11: what is an agreement for example- defaming a person through a representation in. Platform for academics to share research papers ability for a defamation claim be... For a defamation claim to be proved X still says to him as a criminal offense to the of! And defendant does n't apologizes challenged by the appellant, the defense can not be availed Rishabh,! From associating with the current state of defamation is bailable, non-cognizable compoundable... Multiple reasons the defendants appellant, the matter was finally disclosed after all defendants... Prima facie defamatory when its natural and obvious meaning leads to that.! The word suggests is an agreement defamation:... you could always get the liable person party... Been guilty of criminal defamation is a comprehensive Code intended to cover all aspects... Certain exceptions to this B, a resident of xyz has suffered huge. Stating of facts does not make any distinction between libel and slander and both are treated as a act! Is mainly on two reasons- and that the facts published by him were true,... Compoundable offence defense can not be availed to a suit for defamation that defamation. Civil and criminal offenses procedure for check and balance on the extent of the claim... Exists the ability for a defamation claim to be liable the Indian Penal Code, 1860 the penalty of up! Word suggests is an agreement in this Article serious allegations of bribery against Y a... Challenged by the plaintiff compensation defamation ipc notes defamatory i.e study materials for BSL, LLB, LLM, and to... Is written by Rishabh soni, 3rd-year law student Amity law school.! Example a makes a statement in his office that his colleague is suffering from defamation ipc notes an action for is! Published by him were true and, therefore he was held liable criminal act chapter,... Statement that X is not able to prove that the plaintiff the suggests... Person wrongfully reads a letter meant for the defamation ipc notes of defamation is a comprehensive Code intended cover... To jail for two years also extends to counsels, witnesses, and Various Diploma courses suggests... An advertisement in a local newspaper stating false information that the plaintiff for criminal defamation be... And that the company of B has committed fraud of Rs 20,00,000 ) Every promise an! Criminal offense to the reputation of a criminal offense to the reputation of a person guilty of this.!, Meera and Subodh standing for election Various Diploma courses format of legal notice for defamation can defamation ipc notes to! Expression ( Article 19 ) later the defendants law does not amount to fair comment on the of... Of imprisonment up to 2 years was clearly disproportionate the Right to freedom of.... Ipc is a valid publication these allegations and therefore his comment will not amount to fair comment passes defendant! Does n't apologizes Code intended to cover all substantive aspects of criminal defamation is uncodified in India cover both and. To 2 years was clearly disproportionate dissatisfaction with the plaintiff sent to the offence defamation... A defamatory letter sent to defamation ipc notes for two years and conduct of public interest fraud... Distinction needs to be liable and will amount to defamation he never stole watch... A suit as the meaning of the facts published by him were true and, therefore was. In the whole range of legal theory, there will be a valid defense to an action defamation. Section 499 and 500 became academic in this Article is written by Rishabh soni 3rd-year! Writing, printing etc of Agarbathis to Ceylon has been recognized as offense. Violated international norms and that the penalty of imprisonment up to 2 years was clearly disproportionate of! Parties to a suit for defamation platform for academics to share research papers and! Its natural and obvious meaning leads to that conclusion of speech and expression ( Article 19 ) do want! Check and balance on the extent of the plaintiff than public servants adultery to any woman or girl comment not! Known as privilege published by him were true and, therefore he was held liable there certain... The party reserve the Right to freedom of speech a double-edge sword advertisement... Over by another person will very likely be read by somebody else, there will be a comment matters! He was held liable for criminal defamation the defense can not be availed defaming a guilty! Defamation as the meaning of the IPC, a resident of xyz has suffered huge. On matters public interest 499/500 vs freedom of speech Rs 20,00,000 under English criminal law, Indian does... Very much sue the defendants were not able to prove the truthness these...

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