LIABILITY FOR DEFAMATION IN THE CIVIL AND

CRIMINAL LAW
Law of torts[CLAW204]

Submitted by:
Avvaru pranavi
BBA-LLB (Hons.)

Registration no:
PROV/BBA.LLB/11-20/053
2020-2025

Submitted to:
Prof. Heena ghanashyam patoli

Alliance school of law

Alliance University, Bengaluru
Date of submission: 4th july

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 DECLARATION

I declare that the project entitled “ LIABILITY FOR DEFAMATION IN CIVIL

LAW AND CRIMINAL LAW” has been prepared by me for the fulfillment of the
requirements of B.B.A, LL.B(Hons.) degree programme of school of law, Alliance
university. No part of this project has already formed the basis for any
examination/evaluation requirement of ant degree.

Name: Avvaru pranavi

Registration Number: PROV/BBA.LLB/11-20/053

Batch: 2020-2025

School of law

Alliance University, Bengaluru.

Date:4th july

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TABLE OF CONTENTS

ABSTRACT 5
CHAPTER 1 6
INTRODUCTION 6
1.1 INTRODUCTION 6
1.2 RESEARCH PROBLEM 7
1.3 RESEARCH QUESTIONS 8
1.4 RESEARCH OBJECTIVES 8
1.5 HYPOTHESIS 8
1.6 LITERATURE REVIEW 8
1.7 RESEARCH METHODOLOGY 9
CHAPTER 2 : LIABILITY FOR DEFAMATION UNDER 9
2.1 - defamation and under IPC: 9
2.2: liability for defamation under civil law- 10
2.3: liability for defamation under criminal law 11
2.4: types of defamation: 12
CHAPTER 3 13
3.1 : liability for defamation under civil and criminal law and its influence under IPC and
Indian legal system: 13
3.2: remedies for defamation: 13
CONCLUSION: 15
BIBILIOGRAPHY: 15

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LIST OF ABBREVIATIONS:
IPC – Indian penal code

Sec. – section

Hon’ble – Honorable

SC – supreme court

V. - verses

LIST OF CASES:
1. D.P.Choudhary v/s. Manjulatha

2. N. Ravi v. Union of India

3. Balaraj Khanna and ors v. Moti Ram on 22 April, 1971

4. Krishna rao v. Firm Radhakishan Ramsai

5. Sahib Singh Mehra v. State of uttar pradesh on 22 January, 1965

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ABSTRACT

Everyone is entitled to have his reputation. Defamation is causing damage to reputation of

another. Defamation is injury to one’s reputation caused by false statement of fact and includes
both libel and slander. Section 499 and 500 of Indian Penal Code defines defamation. Section
499 states that whoever, by words either spoken or intended to be read, or by signs or by visible
representations, makes or publishes any imputation concerning any person intending to harm, or
knowing or having reason to believe that such imputation will harm, the reputation of such
person, is said, except in the cases hereinafter excepted, to defame that person. Section 500 is
that the punishment to the person who commits the offence of defamation. Defamation is
considered to be a civil wrong or tort. civil defamation is that that there is no criminal offence is
involved, in the civil deflation the person can get a legal compensation as a civil wrong. Criminal
defamation is that the accused can sent to jail under the provisions of criminal defamation. The
law of civil defamation is uncodified in India and it is largely based on case laws. Libel
defamation is which is in the written form and slender defamation is which is a spoken word.

Keywords: Slander, Libel, Defamation, Indian Penal Code, Criminal and Civil.

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CHAPTER 1
INTRODUCTION
1.1 INTRODUCTION
Every man is entitled to have his reputation. Reputation is the state of being held in high esteem
and honor or the general estimation that the public has for a person. Defamation is causing
damage to reputation of another. The concept of defamation has evolved much earlier right to
have one’s reputation preserved intact has long been recognized in India. During dynasty of
Chandra Gupta Maurya, a famous treatise has come into existence. It is known as Kautilya’s
Arthshastra. Defamation is civil as well as criminal wrong. Likewise the codified criminal law on
the subject, the civil law of defamation is not codified. The criminal law on the topic is contained
in sectioned 499 to 502 of Indian Penal Code, 1860. Defamation as a Civil Wrong is covered
under Law of Torts. It is purely based on precedential developments, i.e. through decisions
pronounced by Courts. Rules and principles of liability that are applied by our courts are mostly
those borrowed from common law. Defamation is a ground on which a constitutional limitation
on right of freedom of the expression, as mentioned Article 19(2) could be legally imposed.
Defamation may be committed in two ways Slander and Libel. Slander is a false and defamatory
statement by spoken words or gestures tending to injure the reputation of another In common
law, a libel is a criminal offence as well as a civil wrong. But slander is a civil wrong only. The
criminal law on the topic is contained in sections 499 to 502 of Indian Penal Code, 1860.
Punishment and sentence about the offence of defamation is provided under section 500 of IPC.
No one should be convicted for criminal defamation unless the party claiming to be defamed
proves, beyond a reasonable doubt, the presence of all the elements of the offence. The offence
of criminal defamation shall not be made out unless it has been proven that the impugned
statements are false, that they were made with actual knowledge of falsity, or recklessness as to
whether or not they were false, and that they were made with a specific intention to cause harm
to the party claiming to be defamed a basic principle of criminal law, namely the presumption of
innocence, requires the party bringing a criminal case to prove all material elements of the
offence. In relation to defamation, the falsity of the statement and an appropriate degree of
mental culpability are material elements. Many nations have criminal penalties for defamation in
some situations, and different conditions for determining whether an offense has occurred the
existence of criminal defamation law across the globe, as well as showing countries that have
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special protections for political leaders or functionaries of the state. In a civil action for
defamation, the truth of the defamatory matter is a complete defense and the reason for this is
that Law will not permit a man to recover damages for something being true about him. Under
criminal law on the other hand merely proving that the statement was true is not a good defense
and besides this, the defendant has to show that it was made for public good also. Making a fair
comment on matters public interest is a valid defense to an action for defamation. Defamation
lies in the injury to the reputation of a person. And for this injury, he can very much sue the
defendants. Defamation is a serious offence as goodwill and reputation is earned during the
passage of time. Injury to reputation lowers the image of a person in society and once it is
harmed it cannot be regained. However, our law provides remedies under both civil and criminal
law. Compensation of money might be not enough to the plaintiff but still, it is only remedy
which is available in a civil suit.

1.2 RESEARCH PROBLEM

 Injury to the reputation
 Defamation
 Compensation
 Civil and criminal suit
 Offence

1.3 RESEARCH QUESTIONS

 What is the concept of defamation and how it is considered as a personal injury?

 What are the laws provided on the defamation under IPC?

 How is defamation proved and who is liable in defamation?

1.4 RESEARCH OBJECTIVES

 The first objective of this research is to study the concept of defamation.

 To study how this defamation is considered under civil and criminal law.

 To study and analyse the case laws in defamation and liability of defamation.

 To understand if the defamation is a serious offence under Indian Legal System.

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1.5 HYPOTHESIS

Assuming that everyone are aware of liability for defamation and know when this can be
applicable and under what circumstances an individual can claim the situation as injury to their
reputation as Defamation.

1.6 LITERATURE REVIEW

1. Kaushik dhar – A critical study research on defamation under IPC
This research paper examine the case laws related to criminalization with respect to defamation
under IPC with this I tried attaching the facts of the cases and analyse the injuries.
2. Neha Mishra – The research paper analyzing liability for defamation
The research paper analyses the article proposals for imposing liability for defamation and
explains the concept of defamation under IPC.
3. Shubhangi Upmanya – The article study of defamation
The article written by Shubhangi Upmanya in this article she has described defamation in detail
which also includes legal study and cases. And analysis of the offence of defamation which
comes under IPC.

1.7 RESEARCH METHODOLOGY

This research is conducted to actually understand and evaluate the liability for defamation in
civil and criminal law. In this research, primary resources were referred to collect about certain
sections related to defamation in civil and criminal law and the secondary resources were
majorly accessed from internet. The main source of our data here were topics from articles
related to defamation and also from research papers, cases, and law journals. After analyzing the
collected data, I have taken those articled into consideration which were new and having a
different idea on the topic.

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Chapter 2 : liability for defamation under
2.1 - defamation and under IPC:
Defamation means the offence of injuring a person's character, fame, or reputation by false
statements. defamation requires that the publication be false and without the consent of the
allegedly defamed person. Defamation laws cannot be justified if their purpose or effect is to
protect individuals against harm to a reputation which they do not have or do not merit, or to
protect the ‘reputations’ of entities other than those which have the right to sue and to be sued.
Injury only to feelings is not defamation; there must be loss of reputation. Libel and slander are
legal subcategories of defamation. Some countries treat radio defamation as libel, others as
slander. The damages recoverable in libel and slander are also different.
Defamation is the publication of a statement which reflects on a person’s reputation and tends to
lower him in the estimation of right-thinking members of society generally or tends to make
them shun or avoid him.
Categories of defamation
Libel – Representation in a permanent form, e.g., writing, printing, picture, effigy or statute.

Slander – Depiction in transient form. It is basically through words spoken or gestures.

Essentials characteristics of defamation

i. The statement must be defamatory.

ii. The said statement must refer to the plaintiff.
iii. The statement must be published i.e., communicated to at least one person other than
the claimant.

Defamation is defined in section 499 of Indian Penal Code 1860 and section 500 provides that a
person committing an offense under this section is liable with simple imprisonment for a term of
2 years or fine or with both.

Section 499 in The Indian Penal Code

Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible

representations, makes or publishes any imputation concerning any person intending to harm, or
knowing or having reason to believe that such imputation will harm, the reputation of such
person, is said, except in the cases hereinafter expected, to defame that person.

Section 500 in The Indian Penal Code

 Punishment for defamation.—Whoever defames another shall be punished with simple

imprisonment for a term which may extend to two years, or with fine, or with both.

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2.2: liability for defamation under civil law-

Under civil law, defamation is the publication of a statement which tends to lower a person in the
estimation of the right-thinking members of the society. To constitute a defamation under civil
law, few conditions has to be satisfied:

1. The statement made must be defamatory- Defamatory statement is one which tends to injure
the reputation of the plaintiff. An imputation which exposes one to disgrace and humiliation,
ridicule or contempt is defamatory.

2. The said statement must be referred to the plaintiff. It is immaterial that the defendant did not
really intend to defame the plaintiff. If the person to whom the statement was published could
infer that the statement referred to the plaintiff, the defendant is liable.

3. The statement must be published - Publication actually means making the defamatory matter
known to some person other than the person defamed, and unless and until that is done, no civil
action for defamation lies.

The defence to an action for defamation are :

1. JUSTIFICATION OR TRUTH - In a civil action for defamation, truth of the defamatory

matter is complete defence. Under criminal law, just proving that the statement was true is no
defence. The exception under criminal law states the statement besides being true the imputation
must be shown to have been made for public good.

2. FAIR COMMENT - Making fair comment on matters of public interest is a defence to an

action for defamation. For this defence to be available, the following essentials are required:

a. It must be a comment.

b. The comment must be fair.

c. The matter commented upon must be a matter of public interest.

The person defamed can move either to the high court or trial court and seek damages in the
form of monetary compensation from the accused. The remedy sought is covered under the Law
of Torts, a rare and slow course of relief witnessed in India.

The law defines defamatory content as one “calculated to injure the reputation of another by
exposing him to hatred, contempt or ridicule.” This is the very first condition required to be
fulfilled under the civil remedy.

Second, the claimant must be identified in the defamatory statement. It must address a particular
person and no as such broad-based classification is acceptable.

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And lastly there must be publication of the defamatory statement in oral or written form. A civil
defamation law would be applied once these conditions are attained. The defendant will then
have to plead his defense.

2.3: liability for defamation under criminal law

If a person is found guilty of having committed defamation in terms of section 499 of the IPC,
the punishment is stipulated in section 500, simple imprisonment for up to two years or fine or
with both. The Cr PC, which lays down the procedural aspects of the law, states that the offence
is noncognizable and bailable. Those who are accused of the offence would generally not be
taken into custody without a warrant, and as such, an aggrieved person would not be able to
simply file a police complaint but would, in most cases, have to file a complaint before a
magistrate. As far as the 'truth defence' is concerned, although ‘truth’ is generally considered to
be a defence to defamation as a civil offence, under criminal law, only truth is a defence to
defamation as a crime (assuming, of course, that it is demonstrably true) only in a limited
number of circumstances. This can make persons particularly vulnerable to being held guilty of
having committed defamation under the IPC even if the imputations they made were truthful.

The Indian Penal Code gives an opportunity to the defamed individual to also move a criminal
court, asking the latter to take cognizance of his complaint. It’s a bailable, non-cognizable and
compoundable offence, which means no police can register a case and start investigation without
the court’s permission.

Under sections 499 and 500 of the Indian Penal Code, a person found guilty can be sent to jail
for two years. The Supreme Court has reserved its verdict on a clutch of petitions challenging the
constitutional validity of the two penal provisions.

In a criminal suit, the complainant should be able to prove that the accused intended to defame
him. In the absence of intention, it has to be be established that the alleged offender had
knowledge that the publication was likely to defame the person. Normal stand of proof in
criminal cases, which is to prove the offence beyond reasonable doubt, must also be placed
before the court.

Since the law is compoundable, a criminal court can drop the charges if the victim and the
accused enter into a compromise to that effect

2.4: types of defamation:

There are two ways through which we can transmit the defamatory statement. One is through
slander and another one is through libel. Libel is done through text or graphic and it is permanent in
nature. Thus, it can be said that it will stay as long as the graffiti or statue or picture stays on.

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Defamation can also be done through slander. Here, slander is referred to as transient or non-
permanent in nature. Thus, in this case, the effect of defamation is considered to subsist for the time
period of comment or action.

Slander
Slander can also happen in a way that will closely represent libel. For example, when you dictate
some defamatory comments to your clerk who in turn types it on a letterhead the communication
that is going to happen for the third person through the speech. Thus, in this case, the mode of
transmission is the one that is considered transient.

Libel
For an action to be considered as a libel the proof in contention should be proved as defamatory,
false, made public, or in writing. The comment that defamatory made should be directly or
indirectly referred to the plaintiff. Furthermore, this comment should also draw a reasonable
connection between the comment and the person.

Chapter 3
3.1 : liability for defamation under civil and criminal law and its influence
under IPC and Indian legal system:
Article 19 of the Constitution grants various freedoms to its citizens. However, Article 19(2) has
imposed reasonable exemption to freedom of speech and expression granted under Article 19(1)
(a). Contempt of court, defamation and incitement to an offence are some exceptions.

Defamation is an offence under both the civil and criminal law. In civil law, defamation is
punishable under the Law of Torts by imposing punishment in the form of damages to be
awarded to the claimant. Under the Criminal law, Defamation is a bailable, non-cognizable
offence and compoundable offence. Hence a policeman may arrest only with an arrest warrant
issued by a magistrate. The Indian Penal Code punishes the offence with a simple imprisonment
up to two years, or with fine, or both.

3.2: remedies for defamation:

The remedies in defamation are compensatory damages, aggravated damages, business or
financial loss, interest on damages, costs and, in some cases, injunctive relief.  damages for
defamation is essentially dependant on two factors, the seriousness of the defamatory imputation
found to arise from the defamation and the extent of publication. An award of damages for
defamation is essentially dependant on two factors: the seriousness of the defamatory imputation
found to arise from the defamation and the extent of publication. Rarely have courts in

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defamation actions awarded sums of this magnitude for general compensatory damages.
Notwithstanding the above limitations, courts are, however, also permitted, in some
circumstances, to award aggravated damages over and above the award of compensatory
damages. In some limited circumstances, courts will grant injunctive relief in order to restrain or
prevent further publication of defamatory material. Such relief is sometimes granted on an
interim basis, pending a trial of the matter or, at the conclusion of a defamation matter, to prevent
further publication. However, courts will generally only grant such relief in extenuating
circumstances where it can be shown that the right of freedom of speech has been or will be
abused. Awards of damages are generally deemed to be an adequate remedy. In some limited
circumstances, courts will grant injunctive relief in order to restrain or prevent further
publication of defamatory material. Such relief is sometimes granted on an interim basis,
pending a trial of the matter or, at the conclusion of a defamation matter, to prevent further
publication. However, courts will generally only grant such relief in extenuating circumstances
where it can be shown that the right of freedom of speech has been or will be abused. Awards of
damages are generally deemed to be an adequate remedy.

Disproportionate remedies or sanctions can significantly limit the free flow of information and
ideas. As a result, it is now well established that remedies or sanctions, like standards, are subject
to scrutiny under the test for restrictions on freedom of expression. No mandatory or enforced
remedy for defamation should be applied to any statement which has not been found, applying
the above principles, to be defamatory. No one should be required by law to take any action or to
provide any other remedy unless they have been found to be responsible for the publication of
defamatory statements, in accordance with the above principles. This does not imply, however,
that newspapers or others may not take action, for example on a voluntary or self-regulatory
basis, in the context of a claim that their statements have caused harm to reputations. Freedom of
expression demands that the purpose of a remedy for defamatory statements is, in all but the very
most exceptional cases, limited to redressing the immediate harm done to the reputation of the
individual who has been defamed. Using remedies to serve any other goal would exert an
unacceptable chilling effect on freedom of expression which could not be justified as necessary
in a democratic society. It is a general principle of law that plaintiffs in civil cases have a duty to
mitigate damage. In the area of defamation law, this implies that the plaintiff should take
advantage of any available mechanisms, such as those described in Part (c) of this Principle,
which might redress or mitigate the harm caused to his or her reputation.

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CASES:
1. D.P.Choudhary v/s. Manjulatha: A publication was made in the local newspaper, Dainik
Navjyothi that the plaintiff a 17 year old college girl ran away with a boy after she went out
of the house by saying she was having lectures. This false news item had adverse effects on
her and ruined her marriage prospects. It was actionable per se and she was awarded damages
of Rs.10000/- by way of general damages.

2. N. Ravi v. Union of India30 wherein it had been observed as follows:31 Strictly speaking on
withdrawal of the complaints, the prayer about the validity of Section 499 has also become
academic, but having regard to the importance of the question, we are of the view, in
agreement with the learned counsel for the petitioners, that the validity aspect deserves to be
examined.

3. Balaraj Khanna and ors v. Moti Ram on 22 April, 1971

4. Krishna rao v. Firm Radhakishan Ramsai

5. Sahib Singh Mehra v. State of uttar pradesh on 22 January, 1965

CONCLUSION:
The law of defamation protect individual reputation. Defamation is tort resulting from an injury
to ones reputation. Defamation law allows people to sue thode who say malicious and false
comments. If a person makes a false statement to another to discredit can be sued for damages

Defamation actions and threats to sue for defamation are often used to try to silence those who
criticise people with money and power. The law and the legal system need to be changed, but in
the meantime, being aware of your rights and observing some simple guidelines can help you
make informed choices about what to say and publish.

Defamation has been noted to be the issuance of statements which are not true and which are
meant to harm the reputation of a person. Defamation laws are specifically meant to protect
reputations. These laws should therefore not be extended to cover any other area apart from that
of reputation protection.

BIBILIOGRAPHY:
Books referred
 Law of Tort by Dr. R.K. Bangia
 Bare Act Indian Penal Code, Universal’s

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  Law of Tort by Ratanlal and Dhirajlal

Internet
 www.legallyindia.com
 www.lawoctopus.com
 www.lawyerclub.com

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