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- arya mercy
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- Indian Penal Code
Introduction:
Here we are going to explain what is Defamation and what is not Defamation offence in this section.
Description:
Defamation: In this section states that Whoever by use 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 excepted, to defame that person.
Explanations
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 felling’s of his family or other near relatives.
2. It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
3. An imputation in the form of an alternative or expressed ironically, may amount to defamation.
4. No imputation is said to harm a person’ reputation, unless that imputation 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.
Illustrations
a.
A says-“Z is an honest man;
he never stole B’ watch”, intending to cause it to be believed that Z did steal
B’ watch. This is defamation, unless it fall within one of the exceptions.
b. A is asked who stole B’ watch. A points to Z, intending to cause it to be believed that Z stole B’ watch. This is defamation, unless it fall within one of the exceptions.
c.
A draws a picture of Z
running away with B’ watch, intending it to be believed that Z stole B’ watch.
This is defamation, unless it fall within one of the exceptions.
Exceptions
1. Imputation of truth which public good requires to be made or published – 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 fact.
2. Public conduct of public servants – It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.
3.
Conduct of any person
touching any public question. -It is not defamation to express in good faith any
opinion whatever respecting the conduct of any person touching any public
question, and respecting his character, so far as his character appears in that
conduct, and no further.
Illustrations
a. It is not defamation in A to express in good faith any opinion whatever resepting Z’ conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.
2.
Publication of reports of
proceedings of courts- It is not defamation to publish a substantially true
report of the proceedings of a Court of Justice, or of the result of any such
proceedings.
Explanations
a. A Justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.
5.
Merits of case decided in
Court or conduct of witnesses and others concerned. It is not defamation to
express in good faith any opinion whatever respecting the merits of any case,
civil or criminal, which has been decided by a Court of Justice, or respecting
the conduct of any person as a party, witness or agent, in any such case, or
respecting the character of such person, as far as his character appears in
that conduct, and no further.
Illustrations
a. A says-“I think Z’ evidence on that trial is so contradictory that he must be stupid or dishonest.” A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z’ character as it appears in Z’ conduct as a witness, and no farther.
b.
But if A says-“I do not
believe what Z asserted at that trial because I know him to be a man without
veracity”; A is not within this exception, inasmuch as the opinion which
expresses of Z’ character, is an opinion not founded on Z’ conduct as a
witness.
6.
Merits of public performance
– It is not defamation to express in good faith any opinion respecting the
merits of any performance which its author has submitted to the judgment of the
public, or respecting the character of the author so far as his character
appears in such performance, and no farther.
Explanations
a.
A performance may be
submitted to the judgment of the public expressly or by acts on the part of the
author which imply such submission to the judgment of the public.
Illustrations
a. A person who publishes a book, submits that book to the judgment of the public.
b. A person who makes a speech in public, submits that speech to the judgment of the public.
c. An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.
d.
A says of a book published
by Z-“Z’ book is foolish; Z must be a weak man. Z’ book is indecent; Z must be
a man of impure mind.” A is within the exception, if he says this in good
faith, inasmuch as the opinion which he expresses of Z respects Z’ character
only so far as it appears in Z’ book, and no further.
e. But if A says-“I am not surprised that Z’ book is foolish and indecent, for he is a weak man and a libertine.” A is not within this exception, inasmuch as the opinion which he expresses of Z’ character is an opinion not founded on Z’ book.
7.
Censure passed in good
faith by person having lawful authority over another – It is not defamation in
a person having over another any authority, either conferred by law or arising
out of a lawful contract made with that other, to pass in good faith any
censure on the conduct of that other in matters to which such lawful authority
relates.
Illustrations
a.
A Judge censuring in good
faith the conduct of a witness, or of an officer of the Court; a head of a
department censuring in good faith those who are under his orders; a parent
censuring in good faith a child in the presence of other children; a
schoolmaster, whose authority is derived from a parent, censuring in good faith
a pupil in the presence of other pupils; a master censuring a servant in good
faith for remissness in service; a banker censuring in good faith the cashier
of his bank for the conduct of such cashier as such cashier are within this
exception.
8.
Accusation preferred in
good faith to authorised person – It is not defamation to prefer in good faith
an accusation against any person to any of those who have lawful authority over
that person with respect to the subject-matter of accusation.
Illustrations
a. If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’ master; if A in good faith complains of the conduct of Z, a child, to Z’ father-A is within this exception.
9.
Imputation made in good
faith by person for protection of his or other’ interests – It is not
defamation to make an imputation on the character of another provided that the
imputation be made in good faith for the protection of the interest of the
person making it, or of any other person, or for the public good.
Illustrations
a. A, a shopkeeper, says to B, who manages his business-“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
b.
A, a Magistrate, in making
a report to his own superior officer, casts an imputation on the character of
Z. Here, if the imputation is made in good faith, and for the public good, A is
within the exception.
10. Caution intended for good of person to whom conveyed or for public good – It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
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