Crime of Defamation in India

Section 499 of the I.P.C. defines the `Defamation’, whereas Section 500 thereof provides the punishment for the offence. The same read as under:

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 knowingKnowledge Knowledge is derived from the process of an informed person integrating data from sense organs or intuition into their psyche. This concept is explored in the Vedic Nasadiya Sukta, which questions the possibility of ultimate truth or knowledge. In different languages, such as Greek, Latin, Sanskrit, and Chinese, knowledge is expressed as "η γνώση," "Scientia," "ज्ञानम्‌ ," and "知识 Zhīshì," respectively. or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the case hereinafter excepted, 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 moralMorality Mental frame. It can be high morality or low morality, savage morality or civilised morality or Christian morality, or Nazi morality. Decent Behaviour is acceptable norms of the nations. Christian morality starts with the belief that all men are sinners and that repentance is the cause of divine mercy. Putting Crucified Christ in between is the destruction of Christian morality and logic. Now morality shifted to the personal choice of Jesus. What Jesus did is 'good'. The same would be the case of Ram, Krishna, Muhammad, Buddha, Lenin, etc. Pure Human Consciousness degraded to pure followership. There exists no proof the animals are devoid of morality. or intellectual character of that person, or lowers the character of that person in respect of his casteCaste The caste system was brought to India by the Europeans. In the Vedic system, the Varna-Ashram system was in practice. Untouchability was never in Vedic society. Every person was respected in their domain of profession. Every person was considered divinely originated (Purush Sukta). At the time of Mahabharata equal rights were established (Bhagavad Gita). 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 loathsome state, or in a state generally considered as disgraceful.

500. Punishment for defamation. – Whoever defames another shall be punished with simple imprisonment for a terms which may extend to two years, or with fine, or with both.

 The wordWord Λόγος  “defamation” has not been defined in the I.P.C. This has derived its form from word “defame”. As per the Chambers Dictionary (Delux Edition), the word “defame” has the following meanings:

to take away or destroy the good fame or reputation of; to say malicious things about; to speak evil of; to charge falsely.”

While enumerating the meanings of “defame”, the word “defamation” has been defined as “the act of defaming; calumny; slander or libel.

According to LordLord Adoni in Hebrew (אָדוֹן) and dominions in Larin. άρχοντας / κύριος in NT Atkin, to ascertain whether a defamation has been made, the test for that is to see “whether the words tend to lower the complainant in estimation of the right thinkingThinking Human beings began conscious thought as far back as sixty million years ago. By around three hundred thousand years ago, humans inhabiting the Indian subcontinent had developed forms of cognition comparable to those of the modern age, including awareness of competition, defense, and collective security. These early communities were capable of abstract observation, such as counting stars in the night sky, and engaged in reflective discussion about everyday experiences, including the flavors and qualities of food, indicating a sophisticated mental and social life. members of the society generally.”

 The essence of the offence of defamation as given in Section 499 of the I.P.C. is that the imputation must have been made either with the intentionIntention This means to “have in mind.” A plant to do a thing (Planning: premeditation is evident through evidence of active preparation, e.g., hoarding pills, purchase of weapon). It refers to the aim, purpose, or goal of the behavior, e.g., to seek an end to/solution. A conscious mental process to move precedes the brain’s preparation for movement. of causing harm or knowing or having reason to believe that such imputation would cause harm to a person.

The first explanation to the offence of defamation as given in the I.P.C. is “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 factFact Something तथ्य (In-formation) that truly exists or happens or some-thing that has actual existence. Circumstances: a fact or event that makes a situation the way it is. Indian Evidence Act: It means and includes— (i) anything, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows..