Defamation: Protecting Reputations with Dhyeya Law
Explanations to section 499:
Imputation made against the deceased person would amount to Defamation if- • such an imputation made would harm the reputation of the person if, he/she was alive. • intention of making such an imputation is to hurt the feelings of the deceased person's family or relatives.
Explanation 2: Defamation of a company/association or collections of personsImputation made against the company/association or collections of persons would amount to defamation.
Explanation 3: Defamation in form of an alternative or expressed ironically:If an imputation is made which is not defamatory on the face of it but
after close consideration of the relevant facts and circumstances , it is
defamatory.
Direct or indirect imputation to harm a person's reputation in estimation of others. When such imputations - • lowers the moral/character of the person • lowers character of the person in respect of his caste or calling • lowers the credit of the person • causes a believe that the person's body in loathsome state or state of disgrace
Exceptions of Defamation
Imputation published is true and made in public good. In this scenario deciding what amounts to public good would be a question of law.
📝 Exception 2:Any opinion made in good faith respecting the conduct of a public officer in discharge of his official duties or respecting his character.
📝 Exception 3:Any opinion expressed in good faith respecting the conduct of any person who is involved in a question relating to public importance, or any opinion made respecting the character of such person as far as the character involved in the conduct.
📝 Exception 4:Publishing true report of the court or the result of the proceedings..
Illustration:A legal magazine or newspaper publishing the judgement of the court.
An opinion expressed in good faith respecting the merits of the case that has been decided by the court or the conduct or the character of any party to the proceedings, witness or agent in such case. The opinion expressed regarding the character mentioned should be in accordance with the conduct involved in such case.
Illustration: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.
📝 Exception 6:Any opinion expressed in good faith regarding the merits of public performance that has been submitted for the judgement of the public or expression of opinion respecting the character of the author of such performance. The limit of expression of opinion regarding the character should be within the ambit of character appearing in such performance.
Illustration:An actor or singer who appears on a public stage, submits his acting or signing in the judgment of the public.
Lawful authority that an individual has over the other, which has been conferred by law or arising out of a contract. Such person in lawful authority passing a Censure in good faith on the conduct of the other person. But the censure passed shall be linked to the matters 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.
📝 Exception 8:When an accusation in good faith is made to a person who has legal authority in respect of the subject matter of the accusation over the person against whom the accusation has been made.
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.
Any imputation made on character of other in good faith for the purpose of protection of one's own interest or interest of other or for public good.
Illustration:, 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 within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
📝 Exception 10:Caution conveyed in good faith to some other person against an individual with an intention for the good of such person or some other person in whom such person is interested or when such caution is conveyed for the public good.
Illustration:A, tells his friend B to beware of the fraud scheme that C is trying to get people to enrol for.
SECTION 500: PUNISHMENT FOR DEFAMATION
Simple Imprisonment which may extend to-• Two years
• Fine
• Or Both
CASE LAW
Subramanian Swamy v. Union of India (2016)
| Legal Provisions | Issues | Facts & Decision |
|---|---|---|
| Section 499 &500 Indian Penal Code, 1860 Section 199(1) to 199(4) of the Code of Criminal Procedure, 1973 Article 19(1)(a) of the Constitution
|
● Whether Section 499 of the Indian Penal Code, 1860, read with Section 199(1) to 199(4) of the Code of Criminal Procedure, 1973, is violative of Article 19(1) (a) of the Constitution? ● Whether ‘right to life’ includes ‘right to reputation? |
The Petitioners challenged the constitutionality of the offence of criminal defamation given under section 499 & 500 of the Indian Penal Code,1860. The ground alleged by the petitioner was that their Right to Freedom of Expression guaranteed under Article 19(1)(a) of the Constitution of India was infringed. The challenges raised by the petitioners regarding the constitutionality of the offence of criminal defamation were dismissed by the Hon'ble Supreme Court stating that the criminalization of the offence of defamation posed a restrictions on the Right to Freedom of Expression guaranteed under Article 19(1)(a) of the Constitution of India were reasonable and just in nature. The Court also stated that there exists a constitutional duty to respect the dignity of other people. The Supreme court upheld the constitutional validity of the criminal offence of defamation under Section 499 and Section 500 of the Indian Penal Code, 1860. The Court also held that the Right to Reputation falls under the Right to Life given under Article 21 of the Constitution of India. |
