Facts related to Defamation in India

Defamation in India has become a quite common issue due to the evil minded people in the society and who are basically jealous of the success of the other people in the society and hence they go at any level to defame that person in the best possible manner.

It is not a greatest sin or the crime, but because of that some people even take extreme steps such as committing suicide because they start thinking that they are unworthy in the society, they have not contributed anything significantly in the society, they start thinking they are really worthless in the society, they have no right to live in this society and hence defaming a person can be that dangerous where he/she compelled to take the extreme step. Article 19 of the Constitution grants various freedoms to its citizens.

However, Article 19(2) has imposed reasonable exemption to freedom of speech and expression granted under Article 19 (1) (a). Contempt of court, defamation and incitement to an offence are some exceptions. Under the civil as well as the criminal law defamation is considered as an offence. Defamation is made punishable in Civil Law, under the Law of Torts by imposing punishment in the form of damages to be awarded to the claimant.

Defamation is bailable, non-cognizable offence and compoundable offence under the Criminal Law. Hence a warrant issued by a magistrate can be executed by the police by arresting only with an arrest warrant. The Indian Penal Code punishes the offence with a simple imprisonment up to two years, or with fine or both. It is given in SECTION 499-500 of the IPC deals with defamation in India. SECTION 499 OF IPC states that –

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.

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 case 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 loathsome state, or in a state generally considered as disgraceful

ILLUSTRATION- A says- “Z is an honest man, he never stole B’s watch”, intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it fall within one of the exceptions

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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