Provisions related Defamation in IPC

INTRODUCTION. :-. Every person has right to maintain and preserve his reputation . The right of reputation is more valuable than right to property . Law gives protection to person’s reputation . Section 499 of IPC define the defamation and section 500 of IPC tells about the punishment for this . Definition :-. Section 499 of IPC define defamation that whoever by words either spoken or by sign or by any visible Representation publishes any imputation with intention to harm the reputation of such person is called defamation .

Essential Elements for Defamation :- There are some important elements for constitute the defamation .

1. There must be a defamatory statement .

2. Such statements harm the reputation of another person .

3. There must guilty mind .

4. Such statements must be in form of spoken , written or sign .

5. The statement must be false .

Kinds of defamation :-. Defamation may be in kind of civil wrong and criminal wrong . Civil wrong mentioned under tort whereas criminal defamation mentioned under section 499 of IPC . For civil defamation there is only compensation but in criminal defamation there may be two years imprisonment or fine or both which mentioned in section 500 of IPC .

Illustration :-. A says Z is an honest man and he never stole B’s watch , intending to cause it believed that Z did steal B watch . This is a defamation .

Punishment :-. Section 500 of IPC tells about the punishment for the defamation . That whoever causes defamation is liable for two years or fine or both.

Freedom of speech and expression and defamation :-. Article 19 (1) ( a) gives us freedom of speech and expression but if any person defame another person by using freedom of speech and expression then it is not accepted because of Article 19 ( 2) of the Indian constitution given some reasonable restrictions on the freedom of speech and expression.

Defamation in indian law and English law :-. There is a difference between English and Indian law . 1. English law treats libel which is defamation in written forms as a crime but not slander . 2. But in indian law libel and slander both punishable under section 500 of IPC . 3. Under English law libel is a criminal wrong but slander is only civil wrong . But in indian law there is no distinction between libel and slander .

Exceptions of Section 499 of IPC.

If the statement is truth and for public good ,. If there is any Judicial proceedings , if there is any fair comments or public conduct then there is no defamation .

Aishwarya Says:

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