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
Section 499 of the Indian Penal Code 1860 provides for the definition of
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
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:
Defamation of a dead person can also 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
- The derogatory comment or statement should target the plaintiff and
- 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
- 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.
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
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:
- By spoken words
- By intended words to read
- By signs
- 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
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.