A person reputation is valuable to him and nobody can injure his reputation.

Defamation is when a person’s reputation is injured.

Defamation is both a crime and civil wrong.

Defamation Case
Defamation Case

Definition of defamation: Section 499.

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 intended 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

Essential elements of defamation.

  1. Person
  2. His reputation .
  3. Harm to the reputation of person with guilty mind.
  4. Imputation must be made publically.
  5. Imputation must have been made by words either spoken or signs or visible representation.
  6. Offender knowingly harm the reputation of person.

Defamation amounts if another person impute a deceased person , as it would hurt him if he was alive.

Defamation amounts when imputation is done of company or association or collection of person.

Defamation amounts when it lowers the moral or intellectual character of person.

Exceptions.

  • Truth about a person is not defamation.
  • If something in good faith is said to a public servant or asking any question it is not defamation.
  • Publishing a true report about proceedings of court or result of such proceedings is not defamation.
  • Not defamation to express in good faith any opinion about merit of case or conduct of witness.
  • Not defamation if in good faith any opinion about public performance is made.
  • Not defamation if imputation is made to protect own interests.

Section 500: Punishment for defamation.

Simple imprisonment for a term which may extend to two years or with fine or both.

Offence is non-cognizable, bail able , compoundable with permission of court and triable by Court of Session.

Section 501: Printing or engraving matter known to be defamatory.

This section makes a printer or engraver of defamatory matter punishable not as a abettor but as a principal offender if such a person knows or has reason to believe that the matter printed or engraved is defamatory then the person shall be punishable with simple imprisonment for a term which may extend to two years or with fine or with both.

Section 502: Sale of printed or engraved substance containing defamatory matter.

Whoever sells or offers for sale any printed or engraved substance containing defamatory matter knowing that it contains such matter shall be punished with simple imprisonment which may extend to two years or with fine or with both.

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