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- 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.
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Can a defamed person go to jail under Section 499?
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What are the provisions contained in Section 499 & section 500?
499. Defamation.— 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 ...
Jul 1, 2024 · Punishment for Criminal Defamation. If a person is found guilty of having committed defamation in terms of Section 499 of the IPC, the punishment is stipulated in Section 500, i.e. simple imprisonment for up to two years along with fine.
- According to section 499 of IPC, whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publis...
- Draft a legal notice detailing the defamatory statements and their impact on your reputation. Send the notice through a registered lawyer. If the a...
- There must be a publication of the defamatory statement, that is to say, it must be communicated to some person other than the plaintiff himself. I...
- Generally, to prove defamation, you must show that a false statement was made, about you, to third parties, and which caused you damage. Once you h...
- Introduction
- Analysis of The Offence of Defamation
- Reputation
- Publication
- Forms of Publication
- Analysis of Provisions of Sections 499 and 500, IPC
- On The Scope of Sections 499 and 500, IPC
- Conclusion
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Defamation is a procedure for check and balance on the Right to freedom of speech and expression (Article 19). It is a procedure to ensure that nobody harms the reputation of any person or tend to create a wrong opinion of the person who is defamed, in the eyes of the public. To make you understand what it really is, suppose there are two party mem...
Section 499 of the Indian Penal Codetalks about defamation. So, what is defamation? Any person who by spoken or written words, signs or visible gestures creates or publishes any imputation on any person with an intention to harm the reputation of that person. The person making such imputation should have the knowledge or a reason to believe that su...
To sue any person it is necessary to establish that real damage or harm has occurred to the reputation of the person. Only speaking or writing the words, picturing or gesturing does not amount to defamation until the reputation of the person has been harmed. Harm to reputation is the only negative consequence that can arise from the act of defamati...
For a person to be sued for defamation, it is required that the publication of the words he spoke or wrote must have happened. What does it mean? It means that damage to the reputation of the person happens when the defamatory words have reached to any third person. Publication means that the third person has read, heard or seen the written, spoken...
There are various forms of publication in which the act of defamation can take place, let’s look at them.
The provisions regarding defamation are provided in Section 499 to 502. Section 501and Section 502 has already been explained earlier in this article. Now, let’s understand the provisions contained in Section 499 and Section 500. Section 499 provides the definition of defamation and all the cases and exceptions of the act of defamation. This is a l...
Distinction between Libel of Court and Contempt of Court
This refers to the defamation of the Judge personally and the Contempt of Court. When the judge is personally defamed by any person then he can sue the person on his own personal capacity and not as a judge of the court. On the other hand, Contempt of Court is the act that hampers the administration of justice and causes disrespect of the court. The Supreme Court and the High Court have the power to punish for contempt of itself under Article 129 and Article 215 of the Constitution, respectiv...
Whether accurate and true report of Assembly Proceedings published in newspapers would amount to Defamation
In Exception 4, it has been mentioned that true and accurate proceedings of the court will not fall under the ambit of defamation in reference to that, let’s look at a case. In Dr. Suresh Chandra Banerjee v. Punit Goala, it was ruled out that, the reports of the proceedings of the Parliament do not fall under the exception 4. It was discriminatory on the part of the law. Later on, it was changed when Article 361A was introduced by the 44th Amendment Act, in the year 1978. Under the Parliament...
Who should in a newspaper be prosecuted for making Defamatory Imputations?
In the case of the newspaper, generally, people will think that only the editor will be held responsible for publishing defamatory matter but the fact is that the owner, author, editor, or distributor, all can be held liable for the act of defamation. It should be noted that vicarious liability will arise which will make the proprietor of the newspaper liable to pay damages arising out of it. In the case of Narayan Singh v. Rajmal, the editor of the newspaper was absent and the defamatory mat...
It is said that the rights of one person end where the rights of another person start to apply. It means that the Constitution of India has given the citizens certain rights and they should use them in limit so that they should not hamper the rights of others. There is a limit to the right of freedom of speech and expression which is regulated by t...
Learn about the definition, elements, exceptions and remedies of defamation under the Indian Penal Code. Find out the difference between libel and slander, the forms of publication, and the rights of the press and media.
Oct 31, 2022 · Learn the legal definition of defamation under IPC Section 499, which covers spoken, written or visual imputations that harm someone's reputation. Find exceptions, examples and updates by Advocate Raman Devgan.
- 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.
- 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.
- 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.
- 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.
Jun 12, 2024 · Section 499 of the Indian Penal Code, 1860 (IPC) states that any person whose reputation has been damaged (or was intended to be damaged) by the material in question has the rights to sue for defamation.
Feb 6, 2024 · Learn about the offence of defamation under Section 499 of the Indian Penal Code, 1860 (IPC) and its exceptions, punishments, forms and defenses. Find out the landmark case laws and the difference between defamation and freedom of speech.
