A Comparative Study of its Blend under Civil & Criminal Laws

Defamation refers to a wide term encompassing a legal claim which involves an injury to one’s reputation criminal advocates in bangalore which is a result of a false statement of fact. This not only includes libel, which is defamation in written form, but also slander, defamation by spoken word.

Defamation is considered to be a civil wrong or tort. If this false statement leads to damage to the reputation of one about whom it is made, there shall be legal consequences against the person making such false statements.

Elements of defamation under Indian Law
It is important to understand why defamation is an offence under the Indian Penal Code. This is because, next to his life, what a reasonable and prudent man cares most about, is his reputation.

Under the IPC, Section 499 and 500 lay down the offence of defamation.

Section 499: “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.” The definition in this section is subject to four explanations and ten exceptions which shall be discussed further.

Section 500 lays down the punishment to the person who commits the offence of defamation. It reads, “Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”

Reputation
Under Section 499, it is necessary that the statement resulted in considerable harm to the person’s reputation or that it lowered the reputation of the complainant. The harm to reputation can cause mental as well as financial problems to the plaintiff.

For example, If a false statement is made that XYZ bank commits fraud to its customers, then it will cause harm to the reputation of the bank and also cause subsequent financial loss to the bank as people will not be willing to use the bank for its services.

Publication
Publication entails making the matter that is defamatory known to third persons, i.e. someone other than the one about whom the statement is intended to be. Unless this requirement is fulfilled, the said statement cannot be said to constitute defamation. Publication here does not literally mean printed in a book or newspaper.

Publication, as per Section 499, can be through words, signs or even representation. Hence, it can be by a speech, on the radio, in newspapers and even on social media. If a reasonably prudent person can understand the context and meaning of the statement, it shall be presumed to be published.