Defamation

def-uh-MAY-shuhn Latin: defamare (to spread evil report, slander)

Definition

The act of making or publishing any imputation concerning a person, intending to harm or knowing it to be likely to harm the reputation of that person, punishable under Sections 499 and 500 of the Indian Penal Code.

Detailed Explanation

Defamation under Indian law is both a civil wrong (tort) and a criminal offence. Section 499 of the Indian Penal Code, 1860 defines criminal defamation, while Section 500 prescribes the punishment.

Section 499 defines defamation as making or publishing any imputation concerning any person: 1. Intending to harm the reputation of that person, or 2. Knowing or having reason to believe that such imputation will harm reputation

Methods of defamation include: - Words (spoken or written) - Signs - Visible representations

Ten exceptions protect legitimate expression: 1. Truth for public good 2. Opinion on public conduct of public servants 3. Conduct of person on public question 4. Publication of court proceedings 5. Merits of cases decided in court 6. Merits of public performances 7. Censure by authority 8. Complaint to authority 9. Good faith accusation to authority 10. Caution for good of person or public

Punishment (Section 500): Simple imprisonment up to 2 years, or fine, or both.

Criminal defamation is a compoundable offence. The constitutional validity of Sections 499-500 was upheld by the Supreme Court in Subramanian Swamy case, holding that reputation is a fundamental right under Article 21.

Essential Elements

1 Imputation concerning a person (living or deceased)
2 Made by words, signs, or visible representations
3 Intention to harm reputation or knowledge of likely harm
4 Publication to third party
5 Imputation must lower the person in estimation of others
6 Ten statutory exceptions provide defences

Leading Cases

Subramanian Swamy v. Union of India

2016

(2016) 7 SCC 221

Relevance: Upheld constitutional validity of criminal defamation; right to reputation under Article 21

R. Rajagopal v. State of Tamil Nadu

1994

(1994) 6 SCC 632

Relevance: Right to privacy and defamation; public officials vs private citizens

S. Khushboo v. Kanniammal

2010

(2010) 5 SCC 600

Relevance: Expression of views on premarital sex not defamation

Mahendra Ram v. Harnandan Prasad

1958

AIR 1958 Pat 445

Relevance: Sending defamatory letter to complainant alone is not defamation

Usage Example

"The politician filed a criminal defamation case under Section 500 IPC against the newspaper for publishing false allegations about corruption."

Synonyms

calumny slander libel aspersion

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