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Defamation Law

What is defamation?
Defamation is the loss of respect and fame.  Provisions have been made in Indian law to protect persons from defamation by giving them rights.
Section 499 to 502 of the Indian Penal Code provides for the provision of defamation law.

Section 499 of the Indian Penal Code 1860 provides for the definition of defamation:
Blasphemes or illuminates about a person by spoken or unsolicited words or signs or pictures, with the intention that such blasphemy should hijack the reputation of such person, or knowing or believing  Applying or publishing the reason that such blasphemy would lead to the hijacking of such person's reputation, except in exceptions, that person commits defamation.

This section of the Indian Penal Code teaches the elements of defamation.  Some exceptions are also mentioned in this section.  In addition to this, some exceptions have been kept under section 499, the number of those exceptions is ten.
 
Elements of Defamation
Offensive comment or statement should be:
Comments or statements should be objectionable.  What is objectionable will be determined by the court under evidence and circumstances.

Dulakalha's case is a historical case in Indian defamation law.  The episode is about the time of independence, in which a widowed woman was accused of adultery by her nephew, saying that a man came out of the woman's house after two o'clock in the night and the man must have gone to have sex with it.

The case was later taken to the fraternity panchayat, where the woman was declared innocent.  Later, the woman lodged a case against the person accusing her of defamation, but the court quashed the case and held that the panchayat of the fraternity considered the woman innocent, so the woman did not suffer any loss of honor and she accused the accused. Considered innocent

The intention to offend should be:
  • Intent is of utmost importance for being accused under defamation.
  • By any act or omission, the intention should be that the person will be defamed.
  • The derogatory comment or statement should target the plaintiff and speak.
  • The publication of a statement or comment is a prerequisite, it is necessary for the plaintiff to also be informed to someone else.
  • It is an important condition that it is absolutely necessary to publish a comment.
  • Just as if we called a person a thief and we were not heard by anyone around the world except that person or other person was not communicated, it would not be considered defamation.

Defamation of a dead person can also be
The clarification of the section also deems the deceased person worthy of defamation. The next of kin of the deceased person can also bring suit for its revenge. Through such remarks or words, it is intended to damage the honor and fame of the deceased person.  Defamation will be considered.

Defamation against the state - Defamation against the state is contained in section 124 A of the Indian Penal Code, which is called Sedition.  Defamation against a community is contained in Section 153 of the Indian Penal Code, which is known as Riot.

The rights of organization and legal person are also protected under this section:
The company and organization have also been considered as individuals under this section.  Apart from this, there can be defamation of any legal person.

Which means defamation can happen:
  1. By spoken words
  2. By intended words to read
  3. By signs
  4. By pictures

 
Ten exceptions have been kept under the section. Cases falling under these exceptions will not be considered defamation.
Exception 1: Blaming or publishing the truth which is neglected for public welfare is not defamation.
Exception 2: In the discharge of his public functions, in relation to the conduct of public servant or his modesty, so far as his modesty appears from that conduct and not beyond it, any opinion, whatever it may be, expresses harmony  Is not defamation.
Exception 3: It is not defamatory to express in good faith the conduct of a person in relation to a public welfare question, and about the modesty of the person as far as his conduct appears, rather than any further opinion from him  is.
Exception 4: It is not defamatory to publish the correct report of proceedings of any court or any such proceedings.
Exception 5: If the court expresses or publishes the quality of the case or the conduct of the evidence and other persons in good faith, it is not defamation provided the court has decided the case.
Exception 6: Any act which expresses or publishes in good faith the virtue of the public which its doer has put for public judgment is not defamation.
Exception 7: Any goodwill done by a person having lawful authority over another person is not defamation.
Exception 8: Accusation in front of an authorized person is not defamation.
Exception 9: Blasphemy imposed in good faith by a person for the protection of his or other person's interests is not defamation.
Exception 10: Caution is not defamation for the good of the person, which is given or intended for public welfare.
If a statement given by a person comes in one of these situations, then that man does not defame and he is safe in this situation.
Defamation can be both a civil and a criminal case. As in Kejriwal's case, both types of defamation cases were instituted by Nitin Gadkari.  One case was Section 500 Indian Penal Code and the other was a civil suit. The civil case was done to get compensation.
 
Penalty for defamation
Under Section 500 of the Indian Penal Code, a provision of simple imprisonment up to two years and fine for defamation has also been made.  This is a non-cognizable and bailable offense.  Cognizance is given to the magistrate for filing criminal cases by ordinary libel.

What is the provision of Indian law regarding defamation?
In civilized society, rights, respect and fame have also been considered rights in human rights.  While in the Constitution of India, sentence independence has been given under Article 19, while some restrictions have also been imposed.  Restrictions are what prevent us from defaming the individual and the state.

Defamation cases have been increasing rapidly in India in the last few years.  Political leaders are filing defamation cases against each other on unfounded reasons, after which the front party files a defamation case.  Many deliberately bogus statements are either written or verbal, which undermine a person's respect, or confidence, or inspire disapproving, hostile, or disagreeable opinions or feelings against a person.

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