‘Defamation’ may be a criminal or civil charge. It
encompasses both written statements, known as libel, and spoken statements,
called slander.
The criminal law on defamation has been codified under
chapter 21 of the Indian Penal Code (in short IPC) and is containing in
Sections 499 to 502 of the IPC.
Section 499 of the IPC defines ‘defamation’ whereas Section 500, IPC is the Penal Section for defamation which reads as ‘whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both’. In order to justify a charge under Section 500 of IPC, it is required that the allegations satisfy requirement of Section 499, IPC as also the explanations appended thereto.
Section 499 of the IPC defines ‘defamation’ whereas Section 500, IPC is the Penal Section for defamation which reads as ‘whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both’. In order to justify a charge under Section 500 of IPC, it is required that the allegations satisfy requirement of Section 499, IPC as also the explanations appended thereto.
The offence of ‘defamation’ as defined by Section 499 of the
Indian Penal Code reads as follows: - 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.
Essential Ingredients of ‘defamation’: -
There are three main ingredients of the offence of defamation
(i) making or publishing any imputation concerning any person;
(ii) such
imputation must have been made by-
(a) words, either spoken or intended to be
read; or
(b) signs; or
(c) visible representations.
(iii) such imputation must
be made with the intention of harming or with the knowledge or with reasons to
believe that it will harm the reputation of that person.
It is clear that the means rea to cause harm is the most
essential sine qua non for an offence under Section 499 of the Indian Penal Code.
To constitute ‘defamation’ under Section 499 of the Code, there must be an
imputation and such imputation must have been made with intention of having or
knowing or having reason to believe that it will harm the reputation of the
person about whom it is made. In essence, the offence of defamation is the harm
caused to the reputation of a person. It would be sufficient to show that the
accused intended or knew or had reason to believe that the imputation made by
him would harm the reputation of the complainant, irrespective of whether the
complainant actually suffered directly or indirectly from the imputation
alleged.
In respect of the offence of defamation, Section 199 of the Code
of Criminal Procedure mandates that the Magistrate can take Cognizance of the
offence only upon receiving a complaint by a person who is aggrieved. Section 199
of the Cr PC laid down an exception to
the general rule that a criminal complaint can be filed by anyone irrespective
of whether he is an ‘aggrieved person’ or not.
If the facts which are the subject of a complaint fall
within the limits of the definition in Section 499, IPC construed as the section
ought to be, according to the plain meaning of the words therein used, and if
they are not covered by any of the exceptions to be found in the Code, then
they amount to defamation.
The burden lay upon the accused to show that the statement
he had made fell within one or other of the exceptions to Section 499 of IPC,
or that he was protected from prosecution by the proviso to Section 132 of the
Indian Evidence Act.
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