|
Illustrations
(a) A says-"Z is an honest man; he never stole B's
watch"; intending to cause it to be believed that Z did steal B's watch.
This is defamation, unless it fall within one of the exceptions.
(b) A is asked who stole B's watch. A points to Z, intending to cause it
to be believed that Z stole B's watch. This is defamation unless it fall
within one of the exceptions.
(c) A draws a picture of Z running
away with B's watch, intending it to be believed that Z stole B's watch.
This is defamation, unless it fall within one of the exceptions.
First Exception- 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.
Second Exception- Public conduct of public
servants- It is not defamation to express in a 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.
Third
Exception- 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.
Illustration
it is not defamation in A to express in
good faith any opinion whatever respecting Z's conduct in petitioning
Government on a public question, in signing a requisition for a meeting
on a public question, in presiding or attending a 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 discharges of the duties of which the public is interested.
Fourth Exception- Publication of reports of proceedings of Courts- It is
not defamation to publish substantially true report of the proceedings
of a Court of Justice, or of the result of any such proceedings.
Explanation- A Justice of the Peace or other officer holding an inquiry
in open Court preliminary to a trial in a Court of Justice, is a Court
within the meaning of the above section.
Fifth Exception- 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's
evidence on that trial is so contradictory that he must be stupid or
dishonest". A is within this exception if he says this is in good faith,
in as much as the opinion which he expresses respects Z's character as
it appears in Z's conduct as a witness, and no further.
(b) But
if A says-"I do not believe what Z asserted at that trial because 1 know
him to be a man without veracity"; A is not within this exception, in as
much as the opinion which he express of Z's character, is an opinion not
founded on Z's conduct as a witness.
Sixth Exception- 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 further.
Explanation- A performance may be substituted 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 signing in the judgment
of the public.
(d) A says of a book published by Z- "Z's book is
foolish; Z must be a weak man. Z's book is indecent; Z must be a man of
impure mind". A is within the exception, if he says this in good faith,
in as much as the opinion which he expresses of Z respects Z's character
only so far as it appears in Z's book, and no further.
(e) But if
A says-"I am not surprised that Z's book is foolish and indecent, for he
is a weak man and a libertines. A is not within this exception, in as
much as the opinion which he expresses of Z's character is an opinion
not founded on Z's book.
Seventh Exception- 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.
Illustration
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 the exception.
Eight Exception- 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.
Illustration
If A in good faith accuse Z before a Magistrate; if
A in good faith complains of the conduct of Z, a servant, to Z's master;
if A in good faith complains of the conduct of Z, and child, to Z's
father-A is within this exception.
Ninth Exception- Imputation
made in good faith by person for protection of his or other's 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 interests 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 1 have no opinion of his honesty". A is with in 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 of 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.
Tenth Exception- 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.
Section 500 of Indian Penal Code. "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
Section 501 of Indian Penal Code. "Printing or engraving matter
known to be defamatory"
Whoever prints or engraves any matter, knowing or having good reason
to believe that such matter is defamatory of any person, shall be
punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both.
Section 502 of Indian Penal Code. "Sale of printed or engraved
substance containing defamatory matter"
Whoever. sells or offers for sale any printed or engraved substance
containing defamatory matter, knowing that it contains such matter,
shall be punished with simple imprisonment for a term which may extend
to two years, or with fine, or with both |
OFFENCES OF DEFAMATION
Section 499 and 500 of Indian Penal Code 1860 - What is Defamation? What
is the punishment for the defamation?
OFFENCES OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
Section 503 and 506 of Indian Penal Code 1860 - What is Criminal
Intimidation? What is the punishment for the Criminal Intimidation?
Section 504 and 505 of Indian Penal Code 1860 - What is Intentional
insult with intent to provoke breach of the peace? What is statements
conducting to public mischief?
Section 507, 508, 509 and 510 of Indian Penal Code 1860 - What is
Criminal intimidation by an anonymous communication? What is Act caused
by inducing person to believe that he will be rendered an object of the
Divine displeasure? What is Word, gesture or act intended to insult the
modesty of a woman? What is Misconduct in public by a drunken person?
ATTEMPT TO COMMIT OFFENCES
Section 511 of Indian Penal Code 1860 - What is Punishment for
attempting to commit offences punishable with imprisonment for life or
other imprisonment? |
