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Introduction

Defamation is not only an area of tort-law, but is also an area of criminal law. Basic philosophy, which works behind doctrine of defamation,
is that reputation, status or profession of a person should be protected against unjustified insults. Due to this philosophy, it has been decided
that an action should be brought up for shouting at someone contrary to good.
Meanings
Defamation means, “The act of making harm to someone by saying or writing bad or false thing about them”.
Relevant Provisions
Sections 499, 500 of P.P.C. 1860.
Definition
When a person makes or publishes any imputation either by words, which can be spoken or intended to be read, or by signs or by visible
representations and such imputation is about any person and this person intends to harm reputation of such any person or this person knows
or has reason to believe that such imputation will harm reputation of such any person, he/she is said to defame that any person.

Essentials of defamation:

Exceptions

1. Truth for public good:


Any information which is true and for the good of the public at large, then it is not covered
under the act of defamation.
2. Fair criticism of public servants:
This exception provides that if an act in which any public servant is criticized in discharging any
of his public functions or the act of criticizing his conduct and character when it appears to be
wrong. Such an act does not amount to defamation.
3. Fair comment on public conduct of public men other than public servants:
If any person expresses his views and opinions on the conduct of any person who discharges any
kind of public functions, he will not be liable for act of defamation. The condition in regard to
exception is that such views and opinions should be made in good faith and honesty.
4. Report of proceedings of courts of justice:
If any proceedings of the court or the result of any case given by the court are published then it
will not amount to defamation.
5. Comment on cases:
If any person publishes any information regarding the merits of the case or in regard to the
conduct of any person who was a witness in that case, it will not be defamation.
6. Literacy criticism :
If any person in good faith expresses his opinion in regards to the performance or the character
of the author which he has submitted to the judgement of the public, then it does not amount
to defamation.
7. Censure by one in authority:
If any person passes censor on the conduct of any person, then it will not amount to
defamation, provided that the person applying censor should have the lawful authority or any
authority arising out of a valid contract over the person on whose matters the censor is applied.
8. Complaint to authority:
If any person who has a lawful authority over the person, accuses him, then it will not amount to
defamation.
9. Imputation for protection of interest:
If any accusations or imputations are made on another person in order to protect the interest of
oneself, then it is not defamation.
10. Caution in good faith:
If any caution is made for the good of that person or for the good of the public then it will not
amount to defamation.

Punishment For Defamation; under Section 500 P.P.C


The prescribed punishment for the offence of defamation is simple imprisonment for a term which may extend to two years, or with fine, or
with both.
Final Analysis
To conclude, it can be stated that every person possesses an absolute right for preservation of his/her reputation. Law never encourages
anyone to damage anther’s reputation. For it has been settled in law that a statement about a person should not be beyond limits of fair
comment.

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