Q :- What is defamation ? What are the exceptions to the offence of defamation ? or, What are the defences against the offence of defamation ? Answer :- Defamation is both a Civil wrong as well as Crime . It is open to the person defamed to take the recourse of civil as well as criminal remedy. Defamation is defined by section 499 of the Indian Penal Code . According to this section whoever by --- I) words , spoken or intended to be read , or ii) signs , or iii) 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 subject to the exceptions to defame that person. It is also provided that an imputation is said to harm a person’s reputation --- a) if it directly or indirectly , lowers , in the estimation of theirs ,--- i) the moral or intellectual character of that person , or ii) the character of that person in respect of his caste or calling , or iii) the credit of the person , or b) if it causes it to be believed that the body of that person is in a loathsome state , or in a state generally considered as disgraceful . Explanations to section 499 says that it may amount to defamation to impute anything – 1) to a deceased person , if the imputation – i. would harm the reputation of that person , if living , and ii. is intended to be hurtful to the feeling of his family or near relatives : 2) concerning a company or association or collection of persons as such : 3) in the form of an alternative , or expressed ironically. 4) it directly or indirectly , in the estimation of others , lowers the moral or intellectual character of that person , or lowers the character of that person in respect of his caste 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 . Essential ingredients of the offence of defamation are as follows:- 1) making or publishing any imputation concerning any person , 2) such imputation must have been made by words either spoken or intended to be read , or by signs , or by visible representations , and 3) such imputation must have been made with the intent to harm , or with knowledge or belief that it will harm the reputation of the person concerned . Exceptions :-- Section 499 says about ten exceptions to the offence of defamation . An accused charged with the offence of defamation may take the resort of any of these ten exceptions as defence . These are the privileged occasions . These privileged occasions exempt a person from criminal liability. These exceptions are as follows :- 1) Public good :- Imputation of truth made or published for public good. 2) Public conduct of public servants :- Any opinion made in good faith with respect to the conduct or character of a public servant in the discharge of his public functions , so far his character appears in that conduct , and no further . 3) Conduct of any person touching any public question :- Any opinion expressed in good faith with respect to the conduct or character of a person touching any public question , so far his character appears in that conduct , and no further . 4) Reports of proceedings of Courts :- Publication of substantially true report of the proceedings of a Court of Justice or result of any such proceedings. 5) Merits of a case or conduct of witnesses :- Expression of opinion in good faith regarding merits of a case decided in Court or conduct of witnesses , parties or agent or with respect to the character of those persons , appears in that conduct , and no further . 6) Merits of public performances :- Expression of opinion in good faith regarding the merits of any performance which it’s author has submitted to the judgment of the public or with respect to the character of the author , so far as his character appears in that performance , and no further . 7) Bona fide censure :- Censure passed in good faith by person having lawful authority . 8) Bona fide accusation:- Accusation preferred in good faith to authorized person . 9) Bona fide imputation :- Imputation made in good faith by person for protection of his or other’s interests. 10) Conveying caution :- Caution intended for good of person to whom conveyed or for public good .
Posted on: Mon, 11 Aug 2014 16:18:36 +0000