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DEFAMATION

Hello friends today we will discuss the cases of defamation, where harm is caused to a person’s reputation by another and the steps which that person might resort to. Person here may be a company or an association of persons, etc. A Defamation must fulfill 3 primary conditions:

  1. The statement made should be untrue and malicious. 
  2. It should be presented as a fact
  3. It should be made or published to harm the reputation of other.

There are two forms of defamation in general, which can be termed as:

  • Slander It means defamation by certain    oral mode.
  • Libel on the other hand comprise of situations where some words, representations, diagrams or pictures are being used to hurt the reputation of a person. Eg. 2012:Chris Cairns vs Lalit Modi


GENERAL EXAMPLES OF DEFAMATION 

a.  In case a person is dead, in such an event mere imputation causing harm to the reputation of that person if he was alive or even harm being caused to his family or relatives, amounts to defamation.

b.  Defamation may be an offence even in case of company or a group of persons.

c.  Anything which lowers the moral or intellectual character of a person, or lowers the character of a person or lowers his credit or might bring disgrace to him amounts to defamation.

These are only few of the general instances which are termed as  defamation. However, this is not an exhaustive list.


EXCEPTIONS

Now, in contrast to the above, there can be many exceptions where the particular instance may seem to be an offence but it is not punishable under defamation :

a. If anything true is said/written against a person, and it is important in terms of public good.

b.  Fair criticism of public servant.

c.  Publication of the reports of courts and the merits of case.

d. Fair comment on conduct of any public person other than public servants.

e.  Literary criticism. 

f.  Complaint to the lawful authorities in good faith. 

    These are only a few of the many exceptions to the offence of defamation.

 

DEFAMATION: CIVIL VS CRIMINAL

In India, defamation can be both civil as well as a criminal offence. It means that a person who has been subjected to the offence of defamation can take criminal as well as civil action.

 

CRIMINAL DEFAMATION

It is defined under Sec 499 of the Indian Penal Code, 1860. It states that any person by words either spoken or written, representations, signs, etc. makes or publishes any imputation concerning any person intending to harm, or believing it to be harmful, commits the offence of defamation.  Such an offence is a bailable offence for which the person aggrieved might move to the court by registering complaint under this section. Police authorities cannot file the case directly without the order of the Magistrate.

 

CIVIL DEFAMATION

There is no codified law as far as civil defamation is concerned, it is based on previous case laws. Under the civil law prevailing in India, person aggrieved might approach the court for seeking reliefs such as compensation, damages, injunction order, etc. Injunction order means that the person aggrieved might approach the court and ask that the person who has defamed him by some act might be ordered to stop the same immediately. Such an order might be given even without the presence of the defendant in cases where there is a substantial evidence of defamation. Such type of orders are known as ex parte orders. These type of orders of restrain is generally passed in an application filed along with the civil suit under the provision of ORDER XXXIX RULE 1 & 2 CPC ( Civil Procedure Code., 1908).

 

CONCLUSION

Therefore in India, every person has a right to live with respect and utmost dignity, and any such person who harms or even intends to harm such right can be taken to the court for the offence of defamation both for civil as well as criminal consequences. I hope you have understood the basics of defamation. For any further queries, feel free to write in our comment section.

 

 

Comments

  1. Kailash Madan8 July 2021 at 04:56

    Wakeelsaab , Thanks for providing an overview on Defamation and enlightening on one's rights. Kailash Madan, M.com, LL.B., CAIIB, ACS

    ReplyDelete

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