~~ LECTURE-XVI + "4 DEFAMATION” =» vo (Sections, 499-502) MMiaSeaeeh en baebiencs vilmensg stale 8 Hi 10 0 Meaning and Definition: Sections 499 to 502 of the Indian Penal Code, 1860 deal with the offence of ‘Defaintation*’ It is both *SFon aswellias-w Grime, In other words, the injured party can cag SultiBgainst:the wrong-doer in Civil Courtifor damages and §€AMalso institute Criminal proceedings to purtish the wrong-doer. ‘Defamation’ inj i a means “injury to reputation or character of a uPerson.” 2 e at Htoisem publication of @ false statement by one ‘person, So ee uD te:beputation on ehiaractet of inothes person. It is PMiofiencesunder Sectian.99iP-C. distowE.gs Ajis 9 good Podiand honest man. -B: falsely publishes in 2NEWS:ipaper, that, Ay isva Smuggler, \Hence, /Byhas;defamed A or Buisisaid.to have, committed: the offence. of defamation, @ Seetion'499,,runs.as follows Y Words either ‘spoken’ dr intendéd 6 bé'féad, oF ‘by ‘visible -Fepresetitations, imakes dr publishes any ion’ Con erning any perSon' intending {6 harm: oF knowing ing” reason’ 'fo''bélieve ‘that’’Sticht imputation ‘will farm; the ‘may “amoum to defamation to impute edsed person, if ‘the imputation Woutd harm the person if fiving, and is intehded! to be hurtful isfamily: or other near relatives.\,»\»\ Afe°may“‘artibiint! t6" defamation to make"an panty “or’an association’ oF collection on i n in the form of an eltemative tt defamation?" itatior320 Lectures on Criminal Law that person, or lowers the character of that Person cal '. lowers the cy di Fes his caste or of hi ming, OF Tedit of y ae causes it to be believed that the body of that pe ed P loathsome state, or in a state enerally co; pe nsidereg as ki: Iifastrations: (a) A says—“Z is an honest man: she never Stole Bis intending to cause it to be believed that 2 gig "tr, watch. This is defamation, unless it fall within! By exceptions, One of asked who stole B’s watch, A Points to 2, inten Fon eeieved that Z stolen pr, Mg ation unless it fall within One of the eat 0 ms, ning away with Bs Watch, Z stole B's watch, The ithin one of ©Xceptions truth which Public —It is not defamation is true concerning any Person, if it be for imputation should be made or Published, the public good is a question of fact, Public conduct of Public servants —t ress in a good faith any opinion whatever conduct of a public Servant in the discharge of his OF respecting his character, so far as his character luct, and no further. tion: Imputation of made or published. to impute the public Whether tion to exp ‘Conduct of any person touching any public tion to express in good faith any gal luct of any person touching any a character, so far as his charac no further. mation in A to express Ms jing Z’s conduct in paid ne signing @ requisition : ing or ‘attending ‘ole which invites the P321 in voting or canvassing for a Particular candidate for any in the efficient discharges of the duties of which the public ‘support, j ‘Situation j Fourth Exception: Publication of reports of proceedings of a lt is not defamation to publish substantially true report dings of a Count of Justice, or of the result of any ings. cation A Justice of the Peace or other officer holding ce Sioa Coun Preliminary to a trial in a Court of Justice, = Within the meaning of the above section, Merits of case de lecided in Court or conduct .—It is not defamation to express ver Tespecting the merits of any as been decided by a Court of Of any person as a party, witness i of such , and no Says—“I think Z's evidence on that trial is so lictory that he must be stupid or dishonest.” 4 in this exception if he says this is in good faith, uch as the opinion which he expresses respects 2’s conduct as a witness, “I do not believe what Z asserted at that 1 know him to be a man without veracity”; this exception, in as much as the opinion s of Z’s character, is an opinion not duct as a witness, of public performance. —It is not faith any opinion respecting the its author has submitted to the 1g the character of the author formance, and no further,res on Criminal Law 322 Lectui “ hoe. subess Explanation: A performance may substituteg ae the public expressly or by acts on the par to the author which imply such submission to the judgment o; f the oe "bli Illustrations: (a) A person who publishes a book, submits 4 the judgment of the public, (b) A person who makes a speech in public, speech to the judgment of the public, or singer who appears on a public Stage, or singing to the judgment of the a book published by Z—"2’s book j a weak man. Z’s book is indece; of impure mind.” A is within the this in good faith, in as much as the opini expresses of Z respects Z’s character ae appears in Z’s book, and no further, that book id ubmits that + Submit Public, S foolish, Mt Z must XCeption, says—“I am not surprised that Z’5 book is indecent, for he is a weak man anda libertine” ithin this exception, in as much as the Opinion expresses of Z’s character is an opinion not Z's book. m: Censure passed in good faith by person ity over another—It is not defamation in a another any authority, either conferred by law il contract made with that other, to pass the conduct of that other in matters ity relates. uring in good faith the conduct e Court; a head of a department are under his orders; @ pret the presence of other childrens ived from a parent, census f other pupils; @ ts ss in services ea nk for the ©" is exception(ce aL ag RS RETR OI ee YO ere aero emeel Eighth Exception: Accusation preferred in good faith to authorised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Illustration: If A in good faith accuse Z before a Magistrate; If A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father—A is within this exception. Ninth Exception: \mputation made in good faith by person for proteftion of his or other’s interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good. Tilustrations: (a) A, a shopkeeper, says to B, who manages his business— “Sell nothing to Z unless he pays you ready money, for 1 have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of own interests. A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception. Exception: Caution intended for good of person to or for public good.—It is not defamation to convey faith, to one person against another, provided intended for the good of the person to whom ‘some person in whom that person is interested, ’ used in the above definition under “accusation, which is made to injure e imputation should be made with fame. The word publication in the causing the defamatory matter the accused and the injured.”oo rrr Explanations: Section 499 has four Explanations as stated below: Explanation 1 refers to defamation in respect of person. If the defamatory statement imputes anything to if living or it defames the family members of the de, action is maintainable, a deceasey a dece, Ceased, the Explanation 2 relates to a company or an a: collection of persons as such. A company or corpo: for defamation, if it affects its reputation or busi SSociation op ration can Sue iness, in 3 deals with innuendo. ‘Innuendo’ Means “indirect ing something ironically, ” In other Words, a is no defamation. But, because of the existence secondary meaning, it becomes defamatory, ly has given birth to a child, This statement ng. If this statement is made falsely to x, that she is not married, it is a wrong and tion. 4 deals with fallen reputation, If a person has ll, he cannot be defamed. Section 499, .P.C., provides for ten Exceptions et exemption from the Criminal Liability. of truth for public Sood: Ifa person proves Statement made by him is true and it is ublic good, it is no offence. luct of public servant: If a public servant, communicates to the higher authority, dinate, he is not subject to defamatory mn touching any Public question: d faith, any opinion respecting ching any public question, eedings of Court: It isDefamation 325 f opinion as to the decision urt or press ea If a person in good faith, in the interest eS ris opinion on the decision of Court or conduct eS it is nO offence. of public performance: s It is no defamation to 6. Mer good faith, opinion respecting the merits of any ce in good faith by person having lawful — Be orenon to pass in good faith any censure i gut of that another in matters to which such lawful at relates. & ‘Accusation preferred in good faith to authorised Person: pisnat defamation to prefer in good faith such accusation, ‘9, imputation in protection of other’s interest: It is no tion, to make an imputation, if it is made in good faith japmtection of other’s interest or for the public good. 10, Conveyance of caution for public good: It is no éefamation to convey a caution in good faith to one person against souher, provided it is intended for the good of the person to whom itis conveyed or for the public good. _ Punishment for Defamation (Sections 500-502): Section des punishment for defamation. It is simple imprisonment, may extend to two years, or with fine or with both and fine. Section 501 and 502 provide similar for printing of defamatory matter and sale of printed Containing defamatory matter respectively, Darda vs. M.G Kapasikar, SC (1998) 4 SCC “ase, the accused published in his news paper that was involved in misappropriation of certain The publication was made on the basis of by the Minister concerned. The accused Publication (against the complainant) was true the public good. The Trial Court admitting accused, quashed the complaint. On appeal, held the decision of the Trial Court.326 Lectures on Criminal Law State of Maharashtra v. Anna Hazare 998): Ip thi the complainant lodged a complaint alleging that the" committed offence under Sections 499, 500, 504 esters “maligning his reputation when Anna Hazare, a re ae si alleged that the complainant — Minister of Maharasty tou. ed in bribery, The Munsif Magistrate ig tra y © months imprisonment 8S ther, ¥: nt in bribery. There wat Was wee er the Maharashtra Goa tar Govern, s meng of public, me to his notice, knowledge and without any ill. Tespondent could not be held tions 500, $01, 5 995 CrLJ 277 All]: In this the community, filed defamation at the accused published suit accused published certain Phe Court dismissed the ber of the community The complainant the case.