KSLU Corner™ New AIBE previous QP

defamation

English · def-uh-MAY-shun · Criminal law

Meaning. Making or publishing an imputation about a person intending or knowing it will harm that person's reputation.

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

See also

deceit

Read more in the study notes

← Back to the dictionary