Section 501 IPC Printing or Engraving Defamatory Matter
Section 501 of the Indian Penal Code, 1860 dealt specifically with printing or engraving material that the person printing or engraving knew, or had good reason to believe, was defamatory of another person.
What did Section 501 IPC provide?
Section 501 - 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, was punishable with simple imprisonment for a term extending up to two years, or with fine, or with both.
The section therefore did not make the physical act of printing or engraving alone sufficient. The statutory mental element was important: the person had to know, or have good reason to believe, that the material was defamatory.
Essential ingredients of Section 501 IPC
Printing or engraving
The accused must have printed or engraved the matter in question. Section 501 was directed specifically at this form of dealing with defamatory material.
Defamatory matter
The printed or engraved material must be defamatory of a person. Whether an imputation was defamatory was read in the context of the law of defamation under Section 499 IPC.
Knowledge
Liability could arise where the person actually knew that the matter was defamatory.
Good reason to believe
The section also covered the alternative mental state of having good reason to believe that the material was defamatory.
Meaning of defamatory matter for Section 501
Section 501 formed part of Chapter XXI of the IPC dealing with defamation. Section 499 supplied the substantive definition of defamation. Broadly, Section 499 covered making or publishing an imputation concerning a person with the intention of harming reputation, or with knowledge or reason to believe that the imputation would harm reputation, subject to its explanations and ten statutory exceptions.
Accordingly, Section 501 should not be read in isolation from Sections 499 and 500 IPC dealing with defamation and its punishment.
Knowledge or good reason to believe was necessary
The wording of Section 501 expressly required knowledge or good reason to believe that the matter was defamatory. Thus, proof that a person merely operated the printing or engraving process did not, by the wording of the section itself, dispense with the need to establish the required state of mind.
Punishment under Section 501 IPC
| Provision | Offence | Maximum punishment |
|---|---|---|
| Section 501 IPC | Printing or engraving matter knowing or having good reason to believe it to be defamatory | Simple imprisonment up to two years, or fine, or both |
Pre-BNSS CrPC classification of Section 501 IPC
Under the First Schedule to the Code of Criminal Procedure, 1973, the ordinary Section 501 offence was non-cognizable and bailable and was ordinarily triable by a Magistrate of the First Class.
A special classification applied where the alleged defamatory matter concerned specified constitutional or public functionaries in respect of conduct in the discharge of public functions and proceedings were instituted upon a complaint made by the Public Prosecutor under the special procedure in Section 199 CrPC. Such a case was triable by the Court of Session.
| Situation | Cognizability | Bail | Trial court |
|---|---|---|---|
| Section 501 IPC in an ordinary case | Non-cognizable | Bailable | Magistrate of the First Class |
| Specified public-functionary case instituted under the special Public Prosecutor procedure | Non-cognizable | Bailable | Court of Session |
Complaint for defamation under Section 199 CrPC
For offences punishable under Chapter XXI IPC, Section 199(1) of the Code of Criminal Procedure, 1973 generally required a complaint by a person aggrieved by the offence, subject to the statutory exceptions permitting another person, with the leave of the court, to complain in specified circumstances.
Section 199 also contained a special procedure for certain allegations concerning specified public functionaries in respect of their conduct in the discharge of public functions. The precise procedure depended on the person concerned and the statutory conditions.
Difference between Sections 499, 500, 501 and 502 IPC
| Section | Subject |
|---|---|
| Section 499 IPC | Definition of defamation, explanations and ten exceptions |
| Section 500 IPC | Punishment for defamation |
| Section 501 IPC | Printing or engraving matter known or reasonably believed to be defamatory |
| Section 502 IPC | Sale or offer for sale of printed or engraved substance containing defamatory matter with the required knowledge |
Section 501 and Section 502 IPC were different
Section 501 concerned the act of printing or engraving defamatory matter with the required mental element. Section 502 separately dealt with a person who sold or offered for sale printed or engraved material containing defamatory matter while knowing that it contained such matter.
Read the related page on Section 502 IPC - sale of printed or engraved substance containing defamatory matter.
Frequently asked questions
What was Section 501 IPC?
Section 501 IPC punished printing or engraving matter where the person knew or had good reason to believe that the matter was defamatory of another person.
What was the punishment under Section 501 IPC?
The punishment was simple imprisonment for a term that could extend to two years, or fine, or both.
Was Section 501 IPC cognizable?
Under the pre-BNSS CrPC classification, it was a non-cognizable offence.
Was Section 501 IPC bailable?
Yes. Under the pre-BNSS classification, the offence was bailable.
Which court tried a Section 501 IPC case?
In an ordinary case, it was triable by a Magistrate of the First Class. The special category involving specified public functionaries and the Public Prosecutor procedure under Section 199 CrPC was triable by the Court of Session.
Was merely printing defamatory material enough?
The text of Section 501 additionally required proof that the person knew or had good reason to believe that the matter was defamatory.
Legal note: This page describes the IPC and CrPC framework applicable before commencement of the BNS and BNSS. The law applicable to a particular case depends on the date of the alleged act, facts, procedural history, and applicable saving provisions.