Defamation law in India

By | December 14, 2020
Defamation law in india

The reason to draft this article is precisely early morning 6 AM I woke up and reading the newspaper turning into city page I found that article about Quash defamation case, and it’s quite interesting to read. Here the main keyword is Defamation; we have to know the concept of defamation law in India. The term “Defamation” means the action of damaging someone’s good reputation; slander or libel. {OR} Defamation is an offence under civil law and criminal law of Section 499 of the Indian Penal Code (IPC).

Section 499 and 500 of IPC

Civil Defamation: Defamation is under the law of Torts by punishing in the form of damages to be awarded to the claimant.

Criminal Defamation: Defamation under criminal law is a bailable, compoundable offence, and non-cognizable offence. Under Section 499 of the Indian Penal Code (IPC), the punishment will be two years of imprisonment or fine or both.

Civil Defamation: Defamatory content is one calculated to injure a person’s reputation and a class of persons by exposing them to hatred, contempt. whether it damages reputation has to be calculated from the eyes of a common man and his comprehension of the matter.

Criminal Defamation:

Section 499 of the Indian Penal Code (IPC) as 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 having reason to believe that such hint will break, the reputation of such person is said to defame that person.

Constitutionality of Defamation Laws:

Under article 19 of the Indian constitution grant the various freedom to citizens of India. Those are below

  1. To freedom of speech and expression.
  2. To assemble peaceably and without arms.
  3. To form associations and unions 
  4. To carry on any occupation, trade, or business.
  5. To move freely throughout the territory of India.

Defences available under Defamation

  • Justification of truthfulness
  • Fair and bonafide criticism
  • Privileged affirmation

Are they invoked against the crime of Defamation ?

  • Truthfulness published for the society interest
  • Any expression in admirable faith on the conduct or character of a society servant on a public question.
  • Publication of a substance must be an accurate report.
  • It is not Defamation to state in good faith any opinion relating to the merits of any case, which has been decided by a magistrate, or the conduct of any person as a party
  • It is not Defamation to express in good faith any opinion regarding the merits of any performance that an author has submitted to the public’s judgment.
  • It is not Defamation if a person has any authority over another person, either conferred by law or arising out of a lawful contract, passing in perfect faith any censure on the conduct of that other in matters to which such legal authority relates.

What is the difference between a civil wrong and a criminal offence?

Criminal offences and civil offences are generally different in terms of their punishment. Criminal cases will have imprisonment time as a potential punishment, whereas civil crime typically only results in monetary damages or not do something. But a criminal case may involve both an imprisonment period and economic penalties in the form of fines.

Criminal Defamation should not be allowed to be an instrument in the hands of the state, especially when the Criminal Procedure Code (CPC) gives public servants unfair benefits by allowing the state’s prosecutors to stand in for them when they claim to have been defamed by the media or political opponents.

Defamation is tort resulting from an injury to one’s reputation. It is the act of harming another’s reputation by making a false statement in the third person. Defamation is an invasion of the interest in importance. The law of defamation is supposed to protect people’s reputations from unfair attacks. In practice, its main effect is to hinder free speech and defend influential people from scrutiny. Defamation law allows people to sue those who say or publish false and malicious comments

Author: Dilip singh

I’m Dilip Singh and this a personal blog to share satisfactory evidence to people who are exploring my blog and recently, I started developing web and I’ve written a General knowledge book and it is for free. Apart from these, I also schedule to write about the public interest that fascinates me. I’m aboriginal of Telangana and my hobbies are cricket, reading, and meditation. Until next time, Dilip singh

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