- What is defamation ?
- Defamation in India (Criminalized or Non criminalized).
- Why is it criminalized in India ? Reason with example.
- Provisions of punishment.
- Related sections of the IPC, having details and prescription for punishment.
What is defamation?
Defamation means harming someone’s reputation by making a false and defamatory statement against him/her without any lawful justification.
It can be:1. Slander - Spoken words.
2. Libel - Written, printed words or images.
Defamation in India:
In India, defamation is both civil and criminal offence.
In a civil defamation case, a person who is defamed can move either High Court or subordinate courts and seek damages in the form of monetary compensation from the accused.
Criminal defamation is punishable by two years in Jail, a fine or both.
Why is it criminalized in India?
When the reputation is hurt, a man becomes half dead. And it can not be crucified at the alter of one’s right to free speech. Why in India, Liberty is not absolute it is a responsible freedom.
Indians largely enjoy the Freedom of speech [COI 19 (1) (a)] without caring someone in the Society, and accusation without evidence become a viral fever among some sections whether it is Politically motivated and or intentional harming to someone. Reason being the defamation cases have risen in the courts over the years.
References:
Views of the Supreme Court on defamation: Defamation will remain a Criminal offence in India Supreme Court ruled in its verdict on May 13, 2016 pointing out that “Right to speech” was sacrosanct but not absolute and one’s right to reputation was part of one’s “Fundamental right to Life”.According to preamble of the Constitution: Liberty does not mean ‘License’ to do what one likes, however has to be enjoyed within the limitations mentioned in the COI.
- Liberty is not absolute it is always treated as a Responsible Freedom to its citizen of India -
Provisions for Punishment:
In India, defamation is both civil and criminal offence.Civil defamation: The remedy for a civil defamation is covered under the Law of Torts. a person who is defamed can move either High Court or subordinate courts and seek damages in the form of monetary compensation from the accused.
Criminal defamation: Criminal defamation is codified in the Indian Penal Code sections 499 and punishment of up to 2 years in jail a fine or both is prescribed in section 500 of the Indian penal code.
