08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
(a) A say's – “Z is an honest man; he never stole B's watch”; intending to cause
it to be believed that Z did steal B's watch. This is defamation, unless it fall
within one of the exceptions.
(b) A is asked who stole B's watch. A points to Z, intending to cause it to be
believed that Z stole B's watch. This is defamation, unless it fall within one of the
exceptions.
(c) A draws a picture of Z running away with B's watch, intending it to be
believed that Z stole B's watch. This is defamation, unless it fall within one of the
exceptions.
Imputation of truth
which public good
requires to be made
or published
First Exception.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.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 character, so far as his character appears in that
conduct, and no further.
Public conduct of
public servants
Conduct of any
Third Exception.It is not defamation to express in good faith any opinion
whatever respecting the conduct of any person touching any public question, and
respecting his character, so far as his character appears in that conduct, and no
further.
person touching any
public question
Illustration
It is not defamation in A to express in good faith any opinion whatever respecting
Z's conduct in petitioning Government on a public question, in signing a
requisition for a meeting on a public question, in presiding or attending at such
meeting, in forming or joining any society which invites the public support, in
voting or canvassing for a particular candidate for any situation in the efficient
discharge of the duties of which the public is interested.
Publication of reports
of proceedings of
Courts
Fourth Exception.It is not defamation to publish a substantially true report of the
proceedings of a Court of Justice, or of the result of any such proceedings.
Explanation.A Justice of the peace or other officer holding an enquiry in open
Court preliminary to a trial in a Court of Justice, is a Court within the meaning of
the above section.
Merits of case
decided in Court, or
conduct of witnesses
and others concerned
Fifth Exception.It is not defamation to express in good faith any opinion
whatever respecting the merits of any case, civil or criminal, which has been
decided by a Court of Justice, or respecting the conduct of any person as a
party, witness or agent, in any such case, or respecting the character of such
person, as far as his character appears in that conduct, and no further.
Illustrations
(a) A says "I think Z's evidence on that trial is so contradictory that he must be
stupid or dishonest." A is within this exception if he says this in good faith,
inasmuch as the opinion which he expresses respects Z's character as it appears
in Z's conduct as a witness, and no further.
(b) But if A says "I do not believe what Z asserted at that trial because I know
him to be a man without veracity." A is not within this exception, inasmuch as
the opinion which he expresses of Z's character, is an opinion not founded on Z's
conduct as a witness.
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
101/110
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents