defamation
Defamation is both a crime and a tort in India. As a crime it is defined in s.356(1) BNS (old s.499 IPC): words spoken or intended to be read, signs or visible representations, making or publishing an imputation concerning any person, intending to harm or knowing or having reason to believe it will harm that person's reputation. The section has ten exceptions, including true imputation for the public good, fair comment on public conduct and good-faith complaints to authority. Punishment under s.356(2) now includes community service.
As a tort, libel (permanent form) and slander (spoken) are both actionable, and truth is a complete defence. In criminal law truth helps only if publication was also for the public good. Subramanian Swamy upheld criminal defamation as a reasonable restriction under Article 19(2).
Example
Truth alone does not help the accused, because the first exception to s.356 BNS also requires that the imputation was for the public good.
In Indian law
- Section 356 BNS (old ss.499 and 500 IPC)
- Subramanian Swamy v. Union of India, 2016 INSC 427
See also
Read more in the study notes
- Duties of banker and customer: honouring cheques and secrecy of accounts (Banking Law)
- Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
- Trial before a Court of Session (Bharatiya Nagarik Suraksha Sanhita)
- Compounding of offences and plea bargaining (Bharatiya Nagarik Suraksha Sanhita)
- Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
- Transfer of criminal cases (Bharatiya Nagarik Suraksha Sanhita)