DEFAMATION

DEFAMATION 

       Author:- SYEDA RUQAIYA JAHAN )

           FROM SULTAN UL ULOOM COLLEGE OF LAW HYDERABAD .

 Defamation is define under 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, except in the cases hereinafter excepted, to defame that person. 

 Article 19(1)(a) of the Indian Constitution states that every citizen has the right to freedom of speech, but such freedom does not extend to publishing defamatory statements against any other individual. Further, Article 21 of the Indian Constitution states that every individual has the right to life which includes the right to protect oneself from defamatory statements lacking lawful justification.

Explanation-1.— It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation-2.— It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation-3.— An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation-4.— No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling or lowers the credit of that person, or causes it to be believed that the body of that person  is in a loathsome state or in a state generally considered as disgraceful.

Let us understand with illustration:-

A' makes a gesture toward 'Z', implying that 'Z' has stolen B's watch

 Ingredients of section 499 

 A person intends to defame another person.

He makes or publishes any imputation intending that another person, —

⁃ by words, either spoken or intended to be read,

⁃ by signs, or

     -by visible representations.

The person making any imputation, intends to harm to that another person, or knowing or having reason to believe that such imputation will harm, the reputation of such person.

If the imputation comes within any one of the ten exceptions the person making imputation is not held liable.

Punishment for defamation

                          Section 500 of ipc

who ever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

-Nature of Offence: Punishment: Part-l: Simple imprisonment for 2 years, or fine, or both - Non-cognizable - Bailable - Triable by Court of Session - Compoundable by the person defamed.

PartIl: Simple imprisonment for 2 years, or fine, or both - Non-Cognizable - Bailable - Triable by

Magistrate of the first class - Compoundable by the person defamed.

Land mark case of defamation was :-D.P. Choudhary And Ors. vs Kumari Manjulata on 4 April, 1997

Conclusion :-

Any intentional false communication which is either spoken or written, that harms the reputation of a person or decreases the regard, respect or confidence that they are held in or if it induces hostile, disparaging or disagreeable opinions or feelings against such person, then it is known as defamation. 

Defamation is considered as a civil wrong under the law of torts when it involves no criminal offence, however, the person making such defamatory statements can be sued to get legal compensation. Under the Indian Penal Code, defamation is considered a criminal offence when it involves the act of defaming or offending an individual by committing an offence or crime. The person making such defamatory statements is liable to be prosecuted.

In the instant case of D.P. Choudhary v Manjulata, the daily newspaper ‘Dainik Navjyoti’ negligently published a defamatory news item against Manjulata which gravely affected her and her family’s reputation. The Court held that the words published were defamatory and actionable per se and thus under general damages Manjulata was entitled to receive an award of Rupees 10,000.

Reference :-

Book :- 

criminal law by S.R myneni 

Case link :-

https://indiankanoon.org/doc/295448/ 

Information and case study from :-

https://blog.ipleaders.in/d-p-choudhary-v-manju-lata-1997-landmark-case-on-defamation/#:~:text=Punishment%20for%20defamation%20as%20per%20IPC,-Section%20500%20of&text=As%20per%20this%20Section%2C%20the,Manjulata%2C%201997.