Section 502 IPC Sale of Printed or Engraved Defamatory Matter
Section 502 of the Indian Penal Code, 1860 dealt with selling or offering for sale a printed or engraved substance containing defamatory matter when the seller knew that the substance contained such matter.
What did Section 502 IPC provide?
Section 502 - Sale of printed or engraved substance containing defamatory matter: Whoever sold or offered for sale any printed or engraved substance containing defamatory matter, knowing that it contained such matter, was punishable with simple imprisonment for a term extending up to two years, or with fine, or with both.
The section therefore addressed commercial or sale-related dealing with printed or engraved defamatory material. Its wording required not only a sale or offer for sale but also knowledge that the substance contained defamatory matter.
Essential ingredients of Section 502 IPC
Printed or engraved substance
The subject matter had to be a printed or engraved substance. Section 502 was specifically directed at this form of material.
Defamatory matter
The printed or engraved substance had to contain defamatory matter. The concept of defamation was governed by Section 499 IPC, including its explanations and exceptions.
Sale or offer for sale
The accused had to sell the substance or offer it for sale. This element distinguished Section 502 from Section 501, which dealt with printing or engraving.
Knowledge
The person selling or offering the substance for sale had to know that it contained the defamatory matter. This knowledge requirement was expressly stated in Section 502.
Meaning of defamatory matter under Section 502
Section 502 formed part of Chapter XXI of the IPC, which dealt with defamation. Section 499 defined defamation and contained four explanations and ten exceptions. In broad terms, it dealt with 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 the statutory exceptions.
For the underlying law of defamation, see Sections 499 and 500 IPC - defamation and punishment.
Knowledge was an express requirement
The words of Section 502 required that the seller knew that the printed or engraved substance contained defamatory matter. Thus, the act of selling printed material, by itself, did not satisfy every element stated in Section 502. The statutory knowledge requirement also had to be established.
Punishment under Section 502 IPC
| Provision | Offence | Maximum punishment |
|---|---|---|
| Section 502 IPC | Sale or offer for sale of printed or engraved substance containing defamatory matter, with knowledge that it contains such matter | Simple imprisonment up to two years, or fine, or both |
Pre-BNSS CrPC classification of Section 502 IPC
Under the First Schedule to the Code of Criminal Procedure, 1973, the ordinary offence under Section 502 IPC was non-cognizable and bailable and was ordinarily triable by a Magistrate of the First Class.
The First Schedule also contained a special classification for the specified category involving defamatory matter concerning certain constitutional or public functionaries in respect of conduct in the discharge of public functions, where the case was instituted upon a complaint made by the Public Prosecutor under the special procedure referred to in Section 199 CrPC. That category was triable by the Court of Session.
| Situation | Cognizability | Bail | Trial court |
|---|---|---|---|
| Section 502 IPC in an ordinary case | Non-cognizable | Bailable | Magistrate of the First Class |
| Specified public-functionary case under the special Public Prosecutor procedure | Non-cognizable | Bailable | Court of Session |
Complaint procedure under Section 199 CrPC
Section 199(1) CrPC generally provided that no court should take cognizance of an offence punishable under Chapter XXI IPC except upon a complaint made by a person aggrieved by the offence, subject to the qualifications and exceptions contained in that provision.
Section 199 also provided a special route for specified allegations concerning certain public functionaries in respect of conduct in the discharge of public functions. The applicable procedure depended on the status of the person concerned and satisfaction of the statutory conditions.
Difference between Sections 499, 500, 501 and 502 IPC
| Section | Legal subject |
|---|---|
| Section 499 IPC | Definition of defamation, four explanations and ten exceptions |
| Section 500 IPC | Punishment for defamation |
| Section 501 IPC | Printing or engraving matter while knowing or having good reason to believe that it is defamatory |
| Section 502 IPC | Selling or offering for sale printed or engraved substance containing defamatory matter while knowing that it contains such matter |
Difference between Section 501 and Section 502 IPC
Section 501 IPC focused on the person who printed or engraved the defamatory matter and required knowledge or good reason to believe that the matter was defamatory.
Section 502 IPC focused on the person who sold or offered the printed or engraved substance for sale and required knowledge that the substance contained defamatory matter.
See also Section 501 IPC - printing or engraving matter known to be defamatory.
Frequently asked questions
What was Section 502 IPC?
Section 502 IPC dealt with selling or offering for sale a printed or engraved substance containing defamatory matter when the person knew that it contained such matter.
What was the punishment under Section 502 IPC?
The punishment was simple imprisonment for a term extending up to two years, or fine, or both.
Was Section 502 IPC cognizable?
Under the pre-BNSS CrPC classification, Section 502 was a non-cognizable offence.
Was Section 502 IPC bailable?
Yes. Under the pre-BNSS classification, it was bailable.
Which court ordinarily tried Section 502 IPC?
In an ordinary case, the offence was triable by a Magistrate of the First Class. The special statutory category concerning specified public functionaries and instituted through the Public Prosecutor procedure was triable by the Court of Session.
Was merely selling printed material sufficient for Section 502 IPC?
No. The statutory wording additionally required that the substance contain defamatory matter and that the seller know that it contained such matter.
How was Section 502 different from Section 501 IPC?
Section 501 concerned printing or engraving defamatory matter with its specified mental element, whereas Section 502 concerned knowingly selling or offering for sale a printed or engraved substance containing defamatory matter.
Legal note: This article describes the IPC and CrPC framework applicable before commencement of the BNS and BNSS. The law governing a particular case depends on the date of the alleged act, the facts and procedural history, and the applicable statutory and saving provisions.