Complaint to authority. 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. 7. Criminal defamation is in news recently for multiple 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. knew Urdu and the letter will very likely be read over by another person. Caution in good faith. For example- Defaming a person through a representation made in some permanent form like writing, printing etc. 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. 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. 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. Defamation laws in India cover both civil and criminal offenses. ClearIAS » Current Affairs Notes » Defamation in India – IPC Section 499/500 vs Freedom of Speech. Defamation. But if A did not commit any breach of trust and X still says to him as a dishonest man. 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. 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. 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. The very first essential of the offense of defamation is that the statement must be defamatory i.e. Now due to this B, a resident of xyz has suffered a huge loss. 10. Example A makes a statement in his office that his colleague is suffering from AIDS. 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. It is a comprehensive code intended to cover all substantive aspects of criminal law. He discusses the concept of defamation in detail. 9. The defenses to an action for defamation are. For example, X publishes serious allegations of bribery against Y in a newspaper. A party can opt for civil redress by bringing a defamation lawsuit, based on the extent of the compensation claim. Slander is only a civil wrong. The civil remedy is to file a suit for damages and section 499 and 500 of Indian Penal Code (IPC) deals in criminal defamation. Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. 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. 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. B) Every agreement is a contract. Imputation of an infectious disease to the plaintiff which has the effect of preventing others from associating with the plaintiff. 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. , 3rd-year law student Amity law school Delhi. 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. Defamation: This section defines defamation. study materials for BSL,LLB, LLM, and Various Diploma courses. The very first essential of the offense of defamation is that the statement must be defamatory i.e. He discusses the concept of defamation in detail. Exceptions to the offence of Defamation (Section 499 of IPC) Article shared by. 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 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. But if the defamatory letter sent to the plaintiff is likely to be read by somebody else, there will be a valid publication. Absolute privileges–  In matters of these complete immunity is given to person speaking and no action for defamation can lie against him. Both are considered as criminal offenses in India. Last updated on April 3, 2019 by Clear IAS Team. 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. 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. Libel is always actionable i.e. In addition to these, the fourth and sixth exceptions carry an explanation each, and fifteen illustrations in all have been provided […] He can here be liable for defaming his colleague. The imputation that a person is incompetent, dishonest or unfit in regard to the office, profession, trade or business carried on by him. Making a fair comment on matters public interest is a valid defense to an action for defamation. In this case section, 499 and 500 of IPC were challenged by the plaintiff for criminal defamation. However, the matter was finally disclosed after all the defendants apologized for their actions. 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. 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. 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