Answer
Defamation:
According to Section 499 of PPC. Whoever, by words either spoken or intended to be read or by signs or by visible representative, makes’ or publishes any imputation any 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 excepted to defame the person.
Essentials:
The section requires three essentials:
1. Making or publishing any imputation concerning any person.
2. That imputation must have been made by:
(a) words, either spoken or intended to be read; or
(b) signs; or
(c) visible representations.
Such imputation must be with the intention of harming or with knowledge that it will harm the reputation of the person concerning whom it is made.
Explanation:
Explanations appended to the section quoted lay down that it may amount, to defamation:
1. To impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of this family or other near.
2. To make an imputation concerning a company of an association or collection of person as such.
3. To make an imputation in the form of an’ alternative or expressed ironically.
4. But no imputation is said to harm a persons reputation unless that imputation directly or indirectly in the estimation of others, lowers the moral or intellectual character of that person, in respect of his caste or of his calling or lowers the credit of that person or cause it to he believed that the body of that person is in a loathsome state or in a state generally considered as disgraceful.
Illustrations
(a) A says: Z is an honest man; he never stole B’s watch” intending to cause it to believe that Z did steal B’s watch.
(b) A is asked who stole B watch, A points to Z, intending to cause it to be believed that Z stole B’s watch.
(c) A draws a picture of Z running away with B’s watch intending it to be believed that Z stole B’s watch.
In each of the three cases there is defamation, unless it falls within one of the exceptions noted below:
The Exception to Section 499 pointing out his cases where an ordinary defamatory statement does not involve any criminal liability are as under:
Exceptions
I. 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.
2. 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.
3. 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 his character appears in that conduct, and no further.
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Illustrations
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 public question, in presiding or attending at such meeting in forming or joining any society which invites - public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties in which the public is interested.
4. It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.
5. It is not defamation to express in good faith a y opinion whether respecting the merits of any case, civil or criminal which has been decided by a Court o justice or respecting the conduct of any person as a pay witness or agent in any such case, or respecting the character of such person as far as his character, appears Is in that conduct, and no further.
Illustrations
(a) A says: I think Z’s evidence on the trial is so contradictory I that he must be stupid or dishonest. A is within this exception if he says this in a good faith, inasmuch as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as witness, and no further.
(b) But if A says: I do not believe what Z asserted at the trial because I know him to be a man without veracity. A is not within this exception, inasmuch as the opinion, which he expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness.
6. 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.
Illustrations
(a) A person who publishes a hook, a person who makes a speech in public and an actor or singer who appears on a public sage, submit respectively their hook, speech or acting or signing to the judgment of the public.
(b) A says of a hook 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 this exception, if he says this in good faith, inasmuch 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.
(c) But if A says: am not surprised that Z’s hook is foolish and indecent, for he is a weak man and a libertine. A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not found on Z’s book.
7. It is not defamation in person having over another any authority, either conferred by law or arising out o 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.
Illustrations
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 ho are tinder his orders, a parent censuring in good faith a child in the presence of other children a schoolmaster, s hose 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 hanker censuring in good I faith the cashier of his bank for the conduct of such cashier as such cashier, are within this exception.
8. 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.
Illustrations
If A in good faith accuses 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. a child, to 7’s lather A is with in this exception.
9. Ii is not defamation to make an imputation on the character of another provided that he imputation be made in good faith for t lie on of interest of the person making it’ or of any other person, or for the Public good.
Illustration
(a) A, a shopkeeper, says to B, who manages his, business Sell nothing to 7 unless he pays you ready money, for I have no opinion of’ his honesty. A is within the exception, it he has made this imputation on Z in good faith for the protection of this own interest,
(b) A. a Magistrate, in making report to 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 with the exception.
10. it not defamation to convey a caution in good faith, to one person against another, provided that such caution be intended for food of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
Punishment for defamation:
Whoever defames another shall by punished with simple imprisonment for a term which may extend years, or with both.
Provided that, where the imputation is published in the manner referred to in the proviso to Section 499, this section shall have effect as if for the words ‘two years” therein the words “five years” were substituted