“Law Master’s Publication”
‘Offences of False Evidence’
Prof. Santosh D. Bhosale 149
(..21..)
DEFAMATION
QUESTION BANK
Q. 1 Define the “Defamation”, and explain in detail defence of defenses?
Q. 2 What constitutes the offence of defamation under the IPC? Briefly give the
“Law Master’s Publication”
‘Offences of False Evidence’
Prof. Santosh D. Bhosale 150
.
defaces available to a charge of defamation.
SHORT NOTES
1. Defamation
SYNOPSIS
I]
Meaning & Definition
Defamation (S. 499)
Explanations
A)
B)
1)
2)
3)
Defamation of deceased
Defamation by ironical expression
No defamation unless lowers status
C)
Exceptions
1)
2)
3)
Imputation for public good
Expression of opinion as to public conduct of a public servant
Expression of opinion as to conduct of any person touching any public
question
4)
5)
Publication of report of proceedings or result of a Court of Justice
Express opinion as to merit of decided case or conduct of witness or others
Express opinion as to merits of public performance
Censure passed in good faith
6)
7)
8)
Accusation preferred in good faith to authorized person
Imputation in good faith for protection of his or others interest
Caution intended for good of persons to who conveyed or for public good
9)
10)
II]
III]
I]
Punishment (S. 500)
Allied Offices
Meaning & Definition:-
‘Defamation’ is an offence against a person’s reputation; every person has the right
to protect and preserve his reputation. Even the fundamental right of freedom of speech
and expression is subject to reasonable restrictions. Not to defame is one of the restrictions
on the right of freedom of speech and expression. The law of defamation's chief purpose
is to protect a man's reputation.
Defamation is both a civil and a criminal wrong. Therefore, it is also called a
“felonious tort.” We have already discussed defamation as a civil wrong in “Tort;” now,
“Law Master’s Publication”
‘Offences of False Evidence’
Prof. Santosh D. Bhosale 151
in this topic, we will discuss defamation as a criminal wrong.
A)
Defamation (S. 499):-
Whoever,-
i) by words spoken
or intended to be
read, or
makes or
(i)
intending to
the
publishes any
imputation
concerning
any person.
harm or
reputation
of such a
person
(ii)
knowing or having
reason to believe
that such imputation
will harm
ii) by signs or by
visible
representations,
-is said (except in cases hereinafter excepted) to defame that person.
B)
Explanations-
There are the following 3 explanations for the definition, viz.
Defamation of Deceased:-
1)
It may amount to defamation to impute anything to a deceased person if the
imputation would harm the reputation of that person if living and is intended to harm the
feelings of his family or other near relatives.
2)
Defamation by Ironical Expression:-
Imputation in the form of an alternative or expressed ironically may amount to
defaming active.
3) No Defamation Unless Lowers Status;-
No imputation is said to harm a person’s reputation unless that imputation is
directly or indirectly in the estimation of others.
i) lowers the moral or intellectual character of that person or
ii) lowers the character of that person in respect of his caste
or of his calling, or
iii) lowers the credit of that person or
iv) causes it to be believed that the body of that person is in a
the loathsome or disgraceful state
Illustration
a)
b)
c)
A says-Z is a honest man, he never stole B’s watch, intending to cause it to
be believed that Z did steal B’s watch. This is defamation, unless it falls
within one of the exception.
A is asked who stole B’s watch. A point to Z, intending to cause it to be
believed that Z stole B’s watch. This is defamation unless it falls within one
of the exceptions.
A drew a picture of Z running away with B’s watch, intending it to be
“Law Master’s Publication”
‘Offences of False Evidence’
Prof. Santosh D. Bhosale 152
believed that Z stole B’s watch. This is defamation unless it falls within one
of the exceptions.
C)
1)
Exceptions or Defences:-
To the offences of defamation, there are 10 exceptions or defences provided by
S. 499.
Imputation for Public Good
It is not defamation to impute anything which is true concerning any person if it is
for the public good that the imputation should be made or published.
2)
Expression of Opinion as to the Public Conduct of a Public Servant
It is not defamation to express in good faith any opinion whether respecting the
conduct of a public servant in a discharge of his public function or respecting his character
appears in that conduct and no further.
3)
Expression of Opinion as to the Conduct of any Person Touching any Public
Question :-
It is not defamation to express in good faith any opinion, whatever respecting the
conduct of any person touching any public question and respecting his character, appears
in that conduct.
Illustration
It is not defamation in A to express in good faith any opinion whatever respecting Z’s
conduct in petitioning the Government on a public question, in signing a requisition for a
meeting on a public question, in presiding or attending such meeting, in forming or joining
any society which invites the public support, in voting or canvassing for a particular
candidate for any situation in the efficient discharges of the duties of which the public is
interested.
4)
5)
Publication of Report of Proceedings or Result of a Court of Justice:-
Express Opinion as to Merit of Decided Case or Conduct of Witness or
Others:-
It is not defamation to express in good faith any opinion whatever respecting the
merits of any case, civil or criminal, which has been decided by a Court of Justice, witness
or agent in any such case, or respecting characters of such person, as far as his character
appears in that conduct and no further.
Illustration
a)
A says-I thinks Z’s evidence on that trial is so contradictory that he must be
stupid or dishonest, A is within this exception if he says this in good faith,
inasmuch as the opinion which he expresses respecting Z’s character as it
“Law Master’s Publication”
‘Offences of False Evidence’
Prof. Santosh D. Bhosale 153
appears in Z’s conduct as a witness, and no further
b)
But if A says—I do not believe what Z asserted at that trial because I know
him to be a man without veracity, A is not within this exception, inasmuch as
the opinion which he expresses of Z’s character is an opinion not founded on
Z’s conduct as a witness.
6)
Express Opinion as to Merits of Public Performance:-
It is not defamation to express in good faith any opinion that respects the merits of
any performance, which it has submitted to the judgment of the public, or respecting the
character of the author. So far, the character appears in such a performance, and no further.
Explanation- A performance may be submitted to the public's judgment expressly
or by acts on the part of the author which imply such submission to the public's judgment.
Illustration
a) A person who publishes a book submits that book to the judgment of the public.
b)
A person who makes a speech in public submits that speech to the public's
judgment.
c) An actor or singer who appears on a public stage submits his acting or singing
to the public's judgment.
d) A says of a book published by Z, “Z’s book is foolish; Z must be a weak man.
Z’s book is indecent; Z must be a man of impure mind”. A is within the
exception if he says this in good faith, inasmuch as his opinion of Z respects
Z’s character only so far as it appears in Z’s book and no further.
e) But if A says, “I am not surprised that Z’s book is foolish and indecent, for he
is a weak man and a libertine”. A is not within this exception, inasmuch as
the opinion he expresses of Z’s character is not founded on Z’s book.
Censure Passed in Good Faith:-
7)
It is not defamation in a person having over another any authority, either conferred
by law or arising out of lawful conduct made with that of other, to pass in good faith any
censure on the conduct of that other in the matter to which lawful authority relates.
Illustration
A Judge censuring in good faith the conduct of a witness or of an officer of the Court, a
head of a department censuring in good faith those who are under his orders; a parent
censuring in good faith a child in the presence of other children; a schoolmaster, whose
authority is derived from a parent, censuring in good faith a pupil in the presence of other
pupils; a master censuring in good faith the cashier of his bank for the conduct of such
“Law Master’s Publication”
cashier as such cashier is within this exception.
8) Accusation Preferred in Good Faith to Authorized Person:-
It is not defamation to prefer in good faith an accusation against any person to any
‘Offences of False Evidence’
Prof. Santosh D. Bhosale 154
of those with lawful authority over that person concerning the subject matter of
accusation.
Illustration
If A in good faith accuses 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.
9)
Imputation in Good Faith for the Protection of his or others' Interest:-
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 interest of the person
making it or of any other person for the public good.
Illustration
a) A, a shopkeeper, says to B, who manages his business, “Sell nothing to Z unless
B pays you ready money, for I 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 his own interests.
b)
A, a Magistrate, in making a report to 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.
10)
Caution Intended for the good of Persons to who conveyed or for Public
Good:-
It is not defamation to convey a caution, in good faith, to one person against
another, provided that such caution be intended for the good of the person to whom it is
conveyed or of some person in whom that person is interested or for the public good.
II]
Punishment (S. 500):-
Whoever defames another shall be punished with simple imprisonment up to 2
years, or with a fine, or both.
III]
Allied Offences:-
Sections 501 and 502 punish offences similarly to those under S. 499.
1)
2)
Printing engraving matter is known to be defamatory S. 501.
Sale of a printed and engraved substance containing defamatory matters
S. 502.
Both offences are punishable similarly as provided under S. 500, i.e., imprisonment
“Law Master’s Publication”
‘Offences of False Evidence’
Prof. Santosh D. Bhosale 155
up to 2 years and a fine.
*****