IPC
- Indian Penal Code
CHAPTER XXI : OF DEFAMATION
499. 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.
Explanation
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 be hurtful to the feelings of his family or other near
relatives.
Explanation
2- It may amount to defamation to make an imputation concerning a company
or an association or collection of persons as such.
Explanation
3- An imputation in the form of an alternative or expressed ironically,
may amount to defamation.
Explanation
4- No imputation is said to harm a person's reputation, unless that imputation
directly or indirectly, in the estimation of others, lowers the moral
or intellectual character of that person, or lowers the character of that
person in respect of his caste or of his calling, or lowers the credit
of that person, or causes it to be believed that the body of that person
is in a loath some state, or in a state generally considered as disgraceful.
Illustrations
(a) A
says- "Z is an 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 fall within one of the exceptions.
(b) A
is asked who stole B's watch. A points to Z, intending to cause it to
be believed that Z stole B's watch. This is defamation unless it fall
within one of the exceptions.
(c) A
draws a picture of Z running away with B's watch, intending it to be believed
that Z stole B's watch. This is defamation, unless it fall within one
of the exceptions.
First
Exception- imputation of truth which public good, requires to be made
or published- It is not defamation to impute anything which is true concerning
any person, if it be for the public good that the imputation should be
made or published. Whether or not it is for the public good is a question
of fact.
Second
Exception- Public conduct of public servants- It is not defamation to
express in a good faith any opinion whatever respecting the conduct of
a public servant in the discharge of his public functions, or respecting
his character, so far as his character appears in that conduct, and no
further.
Third
Exception- 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, so far as his character appears in that conduct, and no further.
Illustration
it is
not defamation in A to express in good faith any opinion whatever respecting
Z's conduct in petitioning Government on a public question, in signing
a requisition for a meeting on a public question, in presiding or attending
a 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.
Fourth
Exception- Publication of reports of proceedings of Courts- It is not
defamation to publish substantially true report of the proceedings of
a Court of Justice, or of the result of any such proceedings.
Explanation-
A Justice of the Peace or other officer holding an inquiry in open Court
preliminary to a trial in a Court of Justice, is a Court within the meaning
of the above section.
Fifth
Exception- Merits of case decided in Court or conduct of witnesses and
others concerned- 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, or respecting the conduct of any person
as a party, witness or agent, in any such case, or respecting the character
of such person, as far as his character appears in that conduct, and no
further.
Illustrations
(a) A
says- "I think 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 is in good faith, in as much as the opinion which he expresses
respects Z's character as it 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,
in as much as the opinion which he express of Z's character, is an opinion
not founded on Z's conduct as a witness.
Sixth
Exception- Merits of public performance- It is not defamation to express
in good faith any opinion respecting the merits of any performance which
its author has submitted to the judgement of the public, or respecting
the character of the author so far as his character appears in such performance,
and no further.
Explanation-
A performance may be substituted to the judgement of the public expressly
or by acts on the part of the author which imply such submission to the
judgement of the public.
Illustrations
(a) A
person who publishes a book, submits that book to the judgement of the
public.
(b) A
person who makes a speech in public, submits that speech to the judgement
of the public.
(c) An
actor or singer who appears on a public stage, submits his acting or signing
in the judgement of the public.
(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, in as much as
the opinion which he expresses 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 libertines. A is not within this exception,
in as much as the opinion which he expresses of Z's character is an opinion
not founded on Z's book.
Seventh
Exception- Censure passed in good faith by person having lawful authority
over another- It is not defamation in a person having over another any
authority, either conferred by law or arising out of a lawful contract
made with that other, to pass in good faith any censure on the conduct
of that other in matters to which such 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 a servant in good faith for remissness in service; a banker
censuring in good faith the cashier of his bank for the conduct of such
cashier as such cashier-are within the exception.
Eight
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, and child, to Z's father-A is within this exception.
Ninth
Exception- Imputation made in good faith by person for protection 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.
Illustrations
(a) A,
a shopkeeper, says to B, who manages his business-"Sell nothing to
Z unless he pays you ready money, for I have no opinion of his honesty".
A is with in 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 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.
Tenth Exception-
Caution intended for good of person to whom 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.
500. 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.
501. Printing or engraving matter known to be defamatory
Whoever
prints or engraves any matter, knowing or having good reason to believe
that such matter is defamatory of any person, shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or
with both.
502. Sale of printed or engraved substance containing defamatory
matter
Whoever
sells or offers for sale any printed or engraved substance containing
defamatory matter, knowing that it contains such matter, shall be punished
with simple imprisonment for a term which may extend to two years, or
with fine, or with both. |
