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LAW OF CRIMES (INDIAN PENAL CODE) (LAW107)

ASSIGNMENT- PRESENTATION
TOPIC: DEFAMATION AND EXCEPTIONS
(Sec 499-502)
 
Submitted by: Group – 8
Group members:
Tandrima Mallick - A90811119049
Shreya Biswas - A90811119034
Olivia Dey- A90811119030
Ajita Anaya- A90811119052
INTRODUCTION

•Any deliberate untrue statement, either


written or spoken, that hurts an
individual's honor; diminishes esteem,
reputation, or trust in which an individual
is held; or initiates stigmatizing,
threatening, or upsetting thoughts and
sentiments against an individual is known
as defamation.

• There are two sorts of defamation, libel


and slander.

•Essential elements of defamation are


Harmed Reputation, Intention to Injure
and Publication.
PRINTED MATTERS: LIABILITY OF
EDITOR AND OTHERS
• Section 501 of the Indian Penal Code
discusses the printing of defamatory things.
It says that any individual who prints or
engraves such an issue which he knows or
has motivation to accept that such issue is
defamatory in nature and consequently, will
let down the honor of the individual and
carry shame and disrespect to his/her
character.

• Section 502 of the Indian Penal Code says


that any individual who sells or offers to sell
any printed content that he knows or accepts
to know that it contains defamatory contents
will be penalised.
 
IMPUTATIONS CONCERNING 'ANY
PERSON'
• In Section 499 of the Indian Penal Code
the ‘imputation concerning any person’, is
cited. Imputation in general terms implies
allegation or claim that somebody has
accomplished something wrong.

• As far as the term 'concerning any


individual' is concerned, it implies that
defamation clearly points out the
individual to whom the defamation is
aimed to be made and in case it is
published to other people, at that point the
third individual is additionally ready to
obviously understand who is defamed in
the publication.
ANALYSIS OF PROVISIONS OF SECTIONS
499 AND SECTION 500
• Section 500 of the Indian Penal Code
states punishment for defamation which
a simple imprisonment for a term which
may extend to two years, or with a fine,
or with both to the person proved
responsible for causing defamation.

• Section 499 defines defamation and all


the cases and exceptions of defamation.
This is a long Section with clarifications
and a total of 10 exceptions are there in
it.
EXPLANATIONS

• Explanation 1: Defamation of the Dead

• Explanation 2: Defamation of a
Company or a Collection of Persons

• Explanation 3: Defamation by Innuendo

• Explanation 4: What is Harming


Reputation?
EXCEPTIONS OF DEFAMATION UNDER INDIAN PENAL
CODE

• First Exception- Truth of Public Good 

• Second Exception- Fair Criticism of


Public Servants

t i o ns
Exce p
• Third Exception- Fair comment on
public conduct of public men other than
public servants 

• Fourth Exception- Publication of


Reports of Proceedings of Courts

• Fifth Exception- Comment on Cases


• Sixth Exception- Literary Criticism

• Seventh Exception- Censure by one


in authority

• Eighth Exception- Complaint to


Authority

• Ninth Exception- Imputation for


Protection of Interests

• Tenth Exception- Caution in Good


Faith
CASE STUDIES ON DEFAMATION

• Ram Jethmalani vs Subramaniam


Swamy
AIR 2006 Delhi 300, 126 (2006) DLT
535

• Mahender Ram vs Harnandan Prasad


on 28 February, 1958
AIR 1958 Pat 445
CASES

• D.P. Choudhary And Ors. vs Kumari


Manjulata on 4 April, 1997
AIR 1997 Raj 170
THANK YOU

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