Z makes a statement that X is an honest man and he never stole my watch. court held the defendants for publishing defamatory matter against the defendants. 4. Both are considered as criminal offenses in India. Hi Fellow Law (LLB) Students, On this thread, I am sharing brief and concise notes on the Law First Year Subject - IPC (Indian Penal Code).These PDF lecture notes will help you in preparing well for your semester exams on IPC (Indian Penal Code) and assist you in studying from ready made lecture notes. Academia.edu is a platform for academics to share research papers. 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. The matter on which the defendant has commented must be of public interest. A party can opt for civil redress by bringing a defamation lawsuit, based on the extent of the compensation claim. However, it is to be noted that mere hasty expression spoken in anger, or vulgar abuse to which no hearer would attribute any set purpose to injure the character would not amount to defaming a person. But if the defamatory letter sent to the plaintiff is likely to be read by somebody else, there will be a valid publication. For example, A, a shopkeeper, says to B, who manages his business, “ Sell nothing to Z unless he pays you ready money, as I am doubtful of his honesty. It also provides four explanations and as many as ten exceptions wherein one is not guilty of this offence. However, the matter was finally disclosed after all the defendants apologized for their actions. He discusses the concept of defamation in detail. 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. Imputation of truth for public good. In the case of Hirabai Jehangir v. Dinshawdulji the Bombay and Madras high court both held that no distinction needs to be made between treating libel and slander as criminal offenses. Defamation: This section defines defamation. To make you understand what it really is, suppose there are two party members, Meera and Subodh standing for election. Defamation is a procedure for check and balance on the Right to freedom of speech and expression (Article 19). Public conduct of public servants. A publishes an advertisement in a local newspaper stating false information that the company of B has committed fraud of Rs 20,00,000. 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. 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. The plaintiff was also one of the person carrying on a similar business, and as a result of this statement his reputation also severely damaged. The statement mentioned that a particular person carrying business of Agarbathis to C. eylon has been arrested for the offense of smuggling. 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. Subodh says, “Meera is a corrupt pe… According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of Possession. © Copyright 2016, All Rights Reserved. The validity of section 499 and 500 became academic in this case. Last updated on April 3, 2019 by Clear IAS Team. Limitation to file criminal defamation complaint is 3 years from the period of knowledge of offence. Further Notes. No notes for slide. 10. Later Sections of the IPC specify what the punishment for having committed defamation would be, and the IPC read in conjunction with the procedural requirements laid down in the Code of Criminal Procedure, 1973, (i.e. 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. giving special status. 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 excepted, to defame that person. Slander is no offense. In addition to these, the fourth and sixth exceptions carry an explanation each, and fifteen illustrations in all have been provided […] Complaint to authority. In the eyes of law, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of, of the Indian Evidence Act 1872 deals with privileged communications between husband and wife and makes them out of the scope of section 499. the court held that the letter from husband to his wife containing defamatory matter concerning the father-in-law will not amount to defamation. Privileges are of two types. b) Civil defamation is dealt under tort law as a general rule it only focuses on libel that is the written defamation statement and does not focus on slander that is the oral defamation statement. The Indian Penal Code (IPC) is the official criminal code of India.It is a comprehensive code intended to cover all substantive aspects of criminal law.The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay. Caution in good faith. Both are considered as criminal offenses in India. It is studied in IPC as a criminal act. For example- Defaming a person through a representation made in some permanent form like writing, printing etc. The comment should be fair i.e. The Indian penal Code, 1860 provides an opportunity for the defamed person to file a criminal case against the accused. which tends to lower the reputation of the plaintiff. Legal provisions regarding Exceptions to the offence of Defamation under section 499 of Indian Penal Code, 1860. These special occasions when the law recognizes that the right of free speech outweighs the plaintiffs right to defamation and a defamatory statement made on such occasion is not actionable. Defamation is defined in section 499 of Indian Penal Code 1860 and section 500 provides that a person committing an offense under this section is liable with simple imprisonment for a term of 2 years or fine or with both. 3. He discusses the concept of defamation in detail. Illustration- If A, a bank publishes a notice to all its branches to not give the l. oan to any person from xyz as the people of xyz are more often repeated defaulters. For example, If X says that A has been guilty of breach of trust and therefore he is a dishonest man. Illustration- If A, a bank publishes a notice to all its branches to not give the loan to any person from xyz as the people of xyz are more often repeated defaulters. For this secondary instance plaintiff must prove the secondary meaning i.e. Under section 500 of IPC it is provided that the punishment for the offence of defamation , which is simple imprisonment for a term which may extend to two years or with fine or with both. 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. Sending legal notice for defamation is compulsory requirement under defamation ordinance 2002. But if A did not commit any breach of trust and X still says to him as a dishonest man. In India, Section 499 of the Indian Penal Code primarily governs the law on defamation, however, it is pertinent to note that the law has been extended to “electronic documents”. It includes 3 aspects. If the victim has to win a lawsuit relating to defamation, then the victim has to prove the following essentials: 1) CHAPTER XXI, Section 499-502 of INDIAN PENAL CODE (IPC) – DEFAMATION 499. , 3rd-year law student Amity law school Delhi. In the eyes of law, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of section 499. Defamation laws embodied under Sec. For example- Defaming a person through a representation made in some permanent. Replacing criminal sanction with the civil one cannot fulfil the criteria to balance the right of freedom of expression with the right to reputation. It will very much be covered within the scope of privileged communications between husband and wife as laid in section 122 of the Indian Evidence Act 1872. The party reserve the right to file a suit for defamation. Defamation is of two types libel and slander. Punishment for defamation.. 500. What … 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. 2. Imputation of unchastity or adultery to any woman or girl. For example, X publishes serious allegations of bribery against Y in a newspaper. Defamation is of two types libel and slander. The civil remedy is to file a suit for damages and section 499 and 500 of Indian Penal Code (IPC) deals in criminal defamation. This way 14 day are grated to defendant to repent and apologize but f time passes and defendant doesn't apologizes. The very first essential of the offense of defamation is that the statement must be defamatory i.e. 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. When particular words spoken are referred to a group of individuals or a class of persons, then no single person of that group or class can sue unless he proves that the words could reasonably be considered to referring him. 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. 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. Civil Defamation: Civil defamation involves no criminal offence, but on account of this kind of defamation, ... End-Notes [i](1934) 50 TLR 581 [ii]AIR 1997 Raj 170 [iii]AIR 2006 Delhi 300 should not be based upon untrue facts. 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. When someone does anything that encompasses the concept of defamation under IPC Section 499, then that person will face prosecution under IPC Section 500. It also extends to counsels, witnesses, and parties to a suit. According to 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 to defame that person. Defamation in India – IPC Section 499/500 vs Freedom of Speech. 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