499 Prosecution

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499 deals with defamation and requires either making or publishing allegedly defamatory statements

about a person in the form of other words or writing or visible representations which have the
capability of harming a person's reputation along with the intention for the same.

Reputation, here means not what a person thinks about himself but instead what others think about
his standing and the same has been highlighted in several cases[17]. In Valmiki Faleiro v. Mrs.
Lauriana Fernandes [18] the court said that it is how a person is held by others. Therefore
reputation should not be confused with self-esteem. That is to say it should be done to a third person
which lowers the estimation of the victim's character. In criminal law, intention to cause harm to
reputation is sine qua non of defamation offence was held in Sunilakhya v. HM Jadwet [19].
However, this case pertains to written defamation in the form of libel which includes pictures too and
can come under visible representations.

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