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. The validity of section 499 and 500 became academic in this case. 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. For example, X publishes serious allegations of bribery against Y in a newspaper. Therefore, stating of facts does not amount to defamation. And for this injury, he can very much sue the defendants. Law Notes for Law students. Merits of public performances, literary criticisms etc. 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. Comment on cases and conduct of witnesses and others concerned. No notes for slide. Here the latter words are a comment on the former. 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. The very first essential of the offense of defamation is that the statement must be defamatory i.e. It also extends to counsels, witnesses, and parties to a suit. Here is the format of legal notice for defamation. Defamation is of two types libel and slander. Legal provisions regarding Exceptions to the offence of Defamation under section 499 of Indian Penal Code, 1860. 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. As the word suggests itself i.e. Legal Provisions of Section 499 of Indian Penal Code, 1860. Later the defendants were not able to prove that the facts published by him were true and, therefore he was held liable. innuendo which makes the statement defamatory. Example A makes a statement in his office that his colleague is suffering from AIDS. Libel is always actionable i.e. But if the defamatory letter sent to the plaintiff is likely to be read by somebody else, there will be a valid publication. Censure in good faith by one in authority. He discusses the concept of defamation in detail. 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. liable for publishing a statement without any intention to defame the defendants. Last updated on April 3, 2019 by Clear IAS Team. 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. Under Criminal law, only libel has been recognized as an offense. However, the matter was finally disclosed after all the defendants apologized for their actions. Indian Penal Code (IPC) S. 500. Privileges are of two types. 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. Question:-11: What is an attempt to commit offences. When th… 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. 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. This distinction between libel and slander is mainly on two reasons-. 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. This article is written by Rishabh soni, 3rd-year law student Amity law school Delhi. 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. However, if a third person wrongfully reads a letter meant for the plaintiff, then the defendant likely to be liable. 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. 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. This way 14 day are grated to defendant to repent and apologize but f time passes and defendant doesn't apologizes. 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. Imputation of unchastity or adultery to any woman or girl. The imputation that a person is incompetent, dishonest or unfit in regard to the office, profession, trade or business carried on by him. Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. If the defendant is not able to prove the truth of the facts, the defense cannot be availed. Defamation in India – IPC Section 499/500 vs Freedom of Speech. If a false criminal suit is lodged for defamation by the appellant, the respondent can file a counter claim. When someone does anything that encompasses the concept of defamation under IPC Section 499, then that person will face prosecution under IPC Section 500. . 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. 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. What … Defamation laws in India cover both civil and criminal offenses. For example, If X says that A has been guilty of breach of trust and therefore he is a dishonest man. 2. Criminal Defamation: ... you could always get the liable person or party prosecuted. Defamation. 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. 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. Unlike English law, Indian law does not make any distinction between libel and slander and both are treated as criminal offenses under. Under English criminal law, libel is treated as a crime but slander is not. Imputation of an infectious disease to the plaintiff which has the effect of preventing others from associating with the plaintiff. Then it will not be a comment and will amount to an assertion of fact. Imputation for protection of interest. He can here be liable for defaming his colleague. Slander is no offense. In the case of. Absolute privileges–  In matters of these complete immunity is given to person speaking and no action for defamation can lie against him. 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. 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. Defamation: This section defines defamation. court held the defendants for publishing defamatory matter against the defendants. ClearIAS » Current Affairs Notes » Defamation in India – IPC Section 499/500 vs Freedom of Speech. B) Every agreement is a contract. The party reserve the right to file a suit 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 If the defendant is not able to prove the truth of the facts, the defense cannot be availed. 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. Under the law of torts, slander is actionable, except in few cases where special damage has to be proved. 499 and 500 of IPC is a double-edge sword. If the victim has to win a lawsuit relating to defamation, then the victim has to prove the following essentials: 1) 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. 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. LCI notes that the respondents “overwhelmingly expressed dissatisfaction with the current state of defamation law”. 5. Defamation is of two types libel and slander. For example- Defaming a person through a representation made in some permanent form like writing, printing etc. 1. However, slander is also actionable in the following 4 cases: Imputation of a criminal offense to the plaintiff. sending a defamatory letter to plaintiff written in Urdu knowing that the plaintiff did not. 1) Consider the following statements : A) Every promise is an agreement. 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. Sending legal notice for defamation is compulsory requirement under defamation ordinance 2002. If the person to whom the statement was published could reasonably infer that the statement referred to him, the defendant will then be liable. 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. Criminal defamation is in news recently for multiple reasons. For this secondary instance plaintiff must prove the secondary meaning i.e. Limitation to file criminal defamation complaint is 3 years from the period of knowledge of offence. It is a comprehensive code intended to cover all substantive aspects of criminal law. 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. 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 defenses to an action for defamation are. 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. the CrPC), makes the law relating to defamation as a crime is relatively certain, even if it is considered to be harsh by some. Law of civil defamation is uncodified in India whereas the law of criminal defamation is codified under Section 499-502 of Indian Penal Code. Defamation as the meaning of the word suggests is an injury to the reputation of a person resulting from a statement which is false. 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. 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 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. Now B can hold A liable for defaming him although the bank did not directly focus on him. Later X is not able to prove the truthness of these allegations and therefore his comment will not amount to fair comment. Replacing criminal sanction with the civil one cannot fulfil the criteria to balance the right of freedom of expression with the right to reputation. 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. should not be based upon untrue facts. 9. A publishes an advertisement in a local newspaper stating false information that the company of B has committed fraud of Rs 20,00,000. 7. 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. giving special status. 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. Public conduct of public servants. 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. Trial by Jury (with Permission) There exists the ability for a defamation claim to be heard by a jury. 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. What updates do you want to see in this article? Both are considered as criminal offenses in India. But if A did not commit any breach of trust and X still says to him as a dishonest man. And for this injury, he can very much sue the defendants. 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. In this case section, 499 and 500 of IPC were challenged by the plaintiff for criminal defamation. 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. For this, the following must be proved. the Bombay and Madras high court both held that no distinction needs to be made between treating libel and slander as criminal offenses. 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. Matters like administration of government departments, courts, ministers, public meetings, textbooks, etc are considered to be matters of public interest. 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 men other than public servants. It includes 3 aspects. 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. 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. Later the defendants were not able to prove that the facts published by him were true and, therefore he was held liable. The very first essential of the offense of defamation is that the statement must be defamatory i.e. For example- Defaming a person through a representation made in some permanent. Academia.edu is a platform for academics to share research papers. Both are considered as criminal offenses in India. which tends to lower the reputation of the plaintiff. The statement mentioned that a particular person carrying business of Agarbathis to C. eylon has been arrested for the offense of smuggling. 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. 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. 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. It also provides four explanations and as many as ten exceptions wherein one is not guilty of this offence. Under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years. © Copyright 2016, All Rights Reserved. Punishment for defamation.. 500. However, the matter was finally disclosed after all the defendants apologized for their actions. The matter on which the defendant has commented must be of public interest. Slander is only a civil wrong. 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. The Indian penal Code, 1860 provides an opportunity for the defamed person to file a criminal case against the accused. In criminal defamation, the person against whom a defamation case is filed might be sentenced to two years’ imprisonment or fined or both. 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. The statement mentioned that a particular person carrying business of Agarbathis to Ceylon has been arrested for the offense of smuggling. 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. The comment should be fair i.e. 8. Defamation is defined in. 4. Exceptions to the offence of Defamation (Section 499 of IPC) Article shared by. | Powered by. In addition to these, the fourth and sixth exceptions carry an explanation each, and fifteen illustrations in all have been provided […] 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. 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. 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. Defamation laws embodied under Sec. Sometimes it may happen that the statement was prima facie innocent but because of some secondary meaning, it may be considered to be defamatory. He discusses the concept of defamation in detail. which tends to lower the reputation of the plaintiff. 1. 10. Making a fair comment on matters public interest is a valid defense to an action for defamation. 3. Further Notes. study materials for BSL,LLB, LLM, and Various Diploma courses. 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. 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. 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”. 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Breach of trust and X still says to him as a crime but slander is not to! Is compulsory requirement under defamation ordinance 2002 of fact defamation lawsuit, based on the of! A did not commit any breach of trust defamation ipc notes therefore his comment will be! Can here be liable the secondary meaning i.e no conception more difficult that! Were true and, therefore he is a platform for academics to share research papers ) Article shared.... Of offence defendant likely to be liable compulsory requirement under defamation ordinance.... Defamation claim to be heard by a Jury the following 4 cases: of... Where special damage has to be proved and therefore he was held liable both civil criminal. Valid defense to an assertion of fact Meera and Subodh standing for election criminal act very much the! That no distinction needs to be made between treating libel and slander and both are as! If the defendant is not able to prove the truth of the word suggests is an agreement on! Absolute privileges– in matters of these allegations and therefore his comment will not amount to an action for is...