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.
Exceptions
Followings are the exceptions
(i)Imputation of Truth
It is not defamation to impute anything, which is true about
any person, if it is for the public good that the imputation should be made published.
Whether it is for people in general great is a question of fact.
(ii)Opinion About conduct of Public Servant
It is not defamation to express in compliance with common
decency any opinion whatever respecting the conduct of a public servant:
(i)
In the discharge of his
public functions, or
(ii)
Respecting has character,
so far as his character appears in that conduct and no further.
(iii)Opinion About conduct of any person
It is not defamation to act in accordance with some basic
honesty any opinion whatever respecting conduct of any person touching any
public question, and respecting his character so far as his character appears
in that conduct, and no further.
(iv)Publication of Reports of Proceedings of Courts
It’s not defamation to
distribute a significantly true report of proceedings of a court of justice or
to publish a substantially true report of result of any such proceedings.
(v)Opinion About the Merits of any Case
It's not defamation to express in compliance with common
decency any opinion whatever:
(i)
Respecting the benefits of
any case, civil or criminal, which has been chosen by a court of justice, or
(ii)
Respecting the conduct of
any person as a party witness or agent, in any such case, or
(iii)
Respecting the character of
such person, as far as his character appears in that conduct, and no further.
(vi)Merits of Public Performance
It's not defamation to express in compliance with common
decency any opinion respecting merits of any performance which its author has
submitted to judgment of public or respecting character of author so far as his
character appears in such performance, and no further.
(vii)Any Censure on the Conduct
It is not defamation in a person, who has that authority
over another person, which authority is either conferred by law or arising out
of a lawful contract made with that another person, and passes in good faith
any censure on conduct of that another person in matters to which such lawful
authority relates.
(viii)Accusation in Good Faith
It's not defamation to express in compliance with common
decency on accusation respect to the subject matter of accusation.
(ix)Imputation Made in Good Faith
It is not defamation to make an imputation on character of
another provided that imputation is made in good faith for protection of
interest of person making it or interest of any other person or for public
good.
(x)Convey a Caution
It is not defamation to pass on an alert, in compliance with
common decency, to one individual against an alternate. Provided that such
caution be intended for the welfare of the person to whom its is conveyed, or
of some person in whom that person is interested, or for the public welfare.
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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