“making of an imputation” and “publishing of an imputation”. The relevant observations in this regard are reproduced hereunder: “105. Under the said provision, the Law Giver has made the making or publishing of any imputation with a requisite intention or knowledge or reason to believe, as provided therein, that the imputation will harm the reputation of any person, the essential ingredients of the offence of defamation. What is the meaning to be attached to the words "making of an imputation" and "publishing of an imputation"? This question has been set out with clarity in a recent judgment which is reported in Mohd. Abdulla Khan v. Prakash K. (2018) 1 SCC 615. It was held as follows: 10. An analysis of the above reveals that to constitute an offence of defamation it requires a person to make some imputation concerning any other person; (i) Such imputation must be made either (a) With intention, or (b) Knowledge, or (c) Having a reason to believe that such an imputation will harm the reputation of the person against whom the imputation is made. (ii) Imputation could be, by (a) Words, either spoken or written, or (b) By making signs, or (c) Visible representations (iii) Imputation could be either made or published. The difference between making of an imputation and publishing the same is: If 'X' tells 'Y' that 'Y' is a criminal -- 'X' makes an imputation. If 'X' tells 'Z' that 'Y' is a criminal -- 'X' publishes the imputation. The essence of publication in the context of Section 499 is the communication of defamatory imputation to persons other than the persons against whom the Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:05.02.2024 16:25:50 CRL.M.C. 6347/2019 Page 27 of 50