Provisions of Law
35.
The offence of defamation has been defined under Section 499
of IPC, which reads as under:
“499. Defamation.—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.
Explanation 1.—It may amount to defamation to impute
anything to a deceased person, 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.
Explanation 2.—It may amount to defamation to make an
imputation concerning a company or an association or
collection of persons as such.
Explanation 3.—An imputation in the form of an
alternative or expressed ironically, may amount to
defamation.
Explanation 4.—No imputation is said to harm a person's
reputation, unless that imputation directly or indirectly, in
the estimation of others, lowers the moral or intellectual
character of that person, or lowers the character of that
person in respect of his caste or of his calling, or lowers
the credit of that person, or causes it to be believed that the
body of that person is in a loathsome state, or in a state
generally considered as disgraceful.
First Exception.—Imputation of truth which public good
requires to be made or published.—It is not defamation to
impute anything which is true concerning any person, if it
be for the public good that the imputation should be made
or published. Whether or not it is for the public good is a
question of fact.
Second Exception.—Public conduct of public servants.—It
is not defamation to express in good faith any opinion
whatever respecting the conduct of a public servant in the
discharge of his public functions, or respecting his
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 23 of 50
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