Eighth Exception.—Accusation preferred in good faith to
authorised person.—It is not defamation to prefer in good
faith an accusation against any person to any of those who
have lawful authority over that person with respect to the
subject-matter of accusation.
Ninth Exception.—Imputation made in good faith by
person for protection of his or other's interests.—It is not
defamation to make an imputation on the character of
another provided that the imputation be made in good faith
for the protection of the interests of the person making it,
or of any other person, or for the public good.
Tenth Exception.—Caution intended for good of person to
whom conveyed or for public good.— It is not defamation
to convey a caution, in good faith, to one person against
another, provided that such caution be intended for the
good of the person to whom it is conveyed, or of some
person in whom that person is interested, or for the public
good.
36.
Section 500 of IPC, which provides for punishment for
defamation, reads as under:
“500. Whoever defames another shall be punished with
simple imprisonment for a term which may extend to two
years, or with fine, or with both.”
Essential Ingredients to Constitute Offence of Defamation
37.
In case of Jeffrey J. Diermeier v. State of W.B. (2010) 6 SCC
243, the Hon‟ble Apex Court had observed that to constitute
defamation under Section 499 of IPC, the following ingredients must
be fulfilled:
“29. To constitute "defamation" under Section 499 IPC,
there must be an imputation and such imputation must
have been made with the intention of harming or knowing
or having reason to believe that it will harm the reputation
of the person about whom it is made. In essence, the
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
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