Defamation under Indian law is comprehensively defined and regulated through both civil and criminal provisions, protecting individuals' reputations while balancing freedom of expression.
Legal Definition
Section 499 of the Indian Penal Code defines defamation as: "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 excepted, to defame that person."
Types of Defamation
Defamation is categorized into two types:
Libel: Defamatory statements made in written or permanent form such as newspapers, books, photographs, videos, or social media posts
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Slander: Defamatory statements that are spoken orally and temporary in nature
Under Indian law, both libel and slander are considered criminal offences.
Civil vs Criminal Defamation
Defamation in India operates on dual tracks:
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Civil defamation: Falls under tort law and is punishable with financial compensation
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Criminal defamation: Governed by Sections 499 and 500 of the IPC, punishable with imprisonment up to two years, fine, or both
Essential Elements
To establish defamation, three key elements must be proven:
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Making or publishing imputations concerning any person
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Such imputations made by words, signs, or visible representations
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Done intentionally or with knowledge that it will harm the person's reputation
Additionally, the statement must be communicated to at least one third party other than the plaintiff and accused.
Recent Legal Developments
The Law Commission Report No. 285 (2024) recommended retaining criminal defamation in new criminal laws, emphasizing that reputation is an important facet of Article 21 of the Constitution. The Supreme Court in Subramanian Swamy v. Union of India (2016) upheld criminal defamation, ruling that restrictions on free speech through defamation laws are "reasonable and just in nature".
Protection for Deceased Persons
Indian law also protects deceased individuals, stating that defamation applies "if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives".
The law balances Article 19 (freedom of speech) with Article 21 (right to life with dignity), ensuring that 160 countries worldwide, including India, criminalize defamation to protect individual reputations.
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