defamation

DEFAMATION IN INDIAN LAW

DEFAMATION

FOR THE MAN OF HONOUR DEFAMATION IS NO LESS THAN DEATH”

INTRODUCTION:-

The word reputation is coherent to terms esteem, honor, character. The value of one’s reputation cannot be calculated in monetary terms, it is an essence that is important to lead a dignified life.
Article 21 of the Constitution of India embodies the concept of the right to live a life with dignity, therefore character assassination of a person is no less than sin because it abridges and takes away the fundamental right guaranteed under article 21 of part IV of the constitution of India.

DEFINITION AND MEANING:

Section 499 to 502 of the Indian penal code 1860 contains the provision of defamation. It is anything that is being said or done to cause harm to the reputation of a person and thus injure the character of a person.
This act may be committed by words spoken and written or any signs or visual representation made with malice.

FOLLOWING ARE THE TYPES OF DEFAMATION:

Following are the forms of Defamation

1. Criminal libel
2. Slander
3. Character assassination
4. False remarks.

ENGLISH LAW ON DEFAMATION:

Let us time travel into the history of defamation concerning English laws. English law recognizes the offense of defamation when any statement is reduced to writing, which means it does not give weightage to spoken words to injure the character, whereas, on the other hand, The Indian penal code 1860 states that words spoken or written to injure the character of a person and with the malice intention, shall amount to the offense of defamation.
Moreover, as per the provision of defamation in English law burden proof lies on the defendant, it absolves the liability of the plaintiff to prove the false statement made against him.

RELEVANT CASE LAWS CONCERNING DEFAMATION:

1. R V. ROBINSON

In this case, The Supreme court has held that any sign, word, statement, or visual representation which is being made to harm the reputation or injure the character of a person shall amount to the offence of defamation.

2. Dr. Mahmoud Nair v. the State of Chhattisgarh

The Supreme Court has laid down that reputation of a person is an integral part of article 21, which guarantees the right to dignity.

3. T.J.PONNEN V. M.C VARGHESE

The honorable Supreme Court has held that defamatory letter from husband to wife shall come within the ambit of section 122 (privileged communication) of Indian evidence act 1872, hence it does not attract the criminal liability under section 499 of the penal code.

EXCEPTIONS TO SECTION 499:

1. Publication of truth:

Any publication or allegation which is true related to a person shall not amount to the offence of defamation, but it shall be made for the benefit of the public at large.

2. Conduct of a public servant:

if a person makes any statement whether oral or written, regarding the conduct of public servant which is crucial for the benefit of the public at large, shall not amount to defamation.


3. Exposing the truth of a public figure who is not exclusively a public servant:

it is a fair practice to express the true opinion concerning the conduct of a person who is in the public domain, but such an opinion should not have a wrongful motive.


4. Publication of reports of case laws:

any publication of case facts that have been passed by a court does not amount to defamation.

5. General opinion on the case:

it is acceptable to express the opinion on the merits of the case or any judgment passed concerning any matter which affects the general public.

6. Constructive criticism:

criticizing a person, thing, or any other related and incidental matter does not amount to an offence under section 499 of the code, as far as it is done in a good faith and with bonafide intentions.

7. Lawful complaint:

if any person submits any complaint application in a lawful manner to the concerned authority, this act shall not amount to the offence of defamation.

8. Warning in good faith:

if any person expresses any opinion in good faith or as a warning to the other people or suggests to take precautionary steps, then it shall not amount to defamation.

CONCLUSION:

Summarizing the above article, it would be safe to say that defamation is an act with malicious intent to injure one’s character and reputation. Ruining someone’s reputation is as cruel as killing someone and hence it is one of the criminal offences which is punishable under the provisions of the Indian penal code 1860.

 

READ ALSO :

CONCEPT OF ANTICIPATORY BAIL

ANALYSIS OF DOCTRINE OF RES GESTAE under Indian Evidence Act 1872


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