DEFAMATION SECTION 499 Indian Penal Code

DEFAMATION SECTION 499

section 499

Defamation means-

  1. There must be the making or publishing of an imputation concerning any person.
  2. The means of such imputation may be words spoken or written, signs or gestures or any visible representatives.
  3. Accused person must make such imputation with the intention of harming the reputation of that person.
  4. Then, such an imputation amounts to Defamation.

STAGES IN THE COMMISSION OF OFFENCE. IPC,1860.

EXPLANATION –I

Defamation of the Dead is an offence.

EXPLANATION –II

Defamation of a Company or collection of a person is also an offence.

EXPLANATION-III

Defamation by Innuendo is also an offence.

EXPLANATION – IV

Whatever harms the reputation is considered Defamation.

remedies for section 499

But there are certain Exceptions to Defamation:-

Here, the Statement of the person PrimaFacie seems to be defamatory but excused. These exceptions are:-

1.Imputation of truth for public good.

Example:- Cartoons published in the Newspapers about politicians;

2.Public Conduct of Public Servants.

Example:- Public expressing their opinion as to the inactivity of the collector of a District.

3.Public Conduct of Public Men.

Example:- Criticizing the M.P for not spending the MP funds for the development of that area and asking for the accounts of the same.

4.Reports of proceedings of courts of Justice.

Example:- News item tele-casted by Media Showing MLA appearing in the court as a false witness.

5.Comments on Merits of cases.

Example:- Writing on Article showing the mistakes in a Judgement.

6.Literary Criticism.

Example:- Constructively criticizing a book or a film but not the author or the film maker.

7.Censor by one in authority.

Example:- Officer criticizing the typist for typing an item with so many mistakes.

8.Complaint to authority.

Example:- Aggrieved person making an appeal to the Superior Court.

9.Imputation for protecting of own interest.

Example:- Shop owner telling his servant not to give credit to a person as he is Defaulter.

10.Caution in Good faith.

Example:- Father advising the Son not to move closely with a boy as he is bad.

PUNISHMENT FOR DEFAMATION:-

Section.500 – Imprisonment up to 2 years or fine or both.

PUNISHMENT FOR THE PRINTER OF DEFAMATORY MATERIAL:-

Section.501- Imprisonment for 2 years or fine or both.

PUNISHMENT FOR THE SELLER OF DEFAMATORY MATERIALS:-

Section.502- Imprisonment for 2 years or fine or both.

 

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