Civil & Criminal Proceedings Of Defamation

    Civil & Criminal Proceedings Of Defamation 

 Author :- ANNU RANJAN   BA.LLB.(2ND YEAR),  IMS LAW COLLEGE,NOIDA.

A man’s reputation is his property, in fact it is more valuable than a materialistic property.

Materialistic property once gone can be gained back but a stigma on one’s reputation stays last.

What is reputation basically? Overall quality or character as seen or judged by people in general is called reputation. A person’s reputation is its jus in rem, a right good against the entire world.

Defamation is a wrong done by a person to another’s reputation by words, written or spoken, sign or other visible representation. In other words it is basically an injury to one’s reputation.

Now what is not included in defamation is – 

1) Assumption of truth that must be revealed for the public good.

2) Public conduct of public servants. 

3)Conduct of any person in good faith touching any public questions. 

4)Publication of true report of court proceedings. 

5) Merits of the case decided by the courts or the conduct of the witnesses and others concerned. 

6) Truths about public performances. 

7)Censure passed in good faith having lawful authority over another. 

8) Accusation preferred in good faith to authorized person. 

9) A charge made in good faith by an individual to protect himself and others. 

10) A warning intended for the benefit of the person to whom it is addressed for the public good.

In civil cases, an action for defamation truth of a defamatory sentence is a complete defence. When civil disputes arises the case is solved through tortious liability and awarding the damages. Monetary compensation is given under civil suit for defamation.  But under criminal law truth of the statement is no defence. If the defendant proves that the statement uttered is true, no action will lie for it, even if it is true. 

A fair, bonafide and a just sentence in a matter of public interest is a no libel. Thus, legitimate criticism is no tort.

In criminal proceedings, defamation comes under Sections 499 to 502 of the Indian Penal Code. Defamation is dealt with under Section-499 of I.P.C. 

According to section-499 of IPC, 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’.  

Three necessary factors must be present for defamation to occur following Section- 499 of IPC. First, it must be made with the intent to injure the person against whom it is made. Secondly, it must be made verbally or in writing. Third making such accusations public. 

In Maulik Kotak v. State of Maharashtra, 2014, the Bombay High Court ruled that only the individual who was wronged and defamed may file a defamation complaint. Others on behalf of the defamed are not eligible to file the case.

Section- 500 of the IPC deals with the punishment for defamation. According to section 500 of the IPC ‘Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with a fine, or with both’. 

According to section – 501 of IPC, Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

According to Section -502 of IPC, 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 for a term which may extend to two years, or with fine, or with both.