1. Defamation is both a Civil and a Criminal Wrong.
2. Chapter XXI of The Indian Penal Code deals with defamation.
3. In the Indian Penal Code defamation is defined u/s 499 and the punishment is mentioned u/s 500.
4. In India defamation could be by words spoken or written unlike English law where words spoken do not amount to the offence of defamation
5. Imputation could be by words spoken or intended to be read, signs and visible representations.
6. The imputation must be made or published against a person or persons concerned.
7. The imputation must be made with an intention or knowledge or belief that the imputation is likely to harm the reputation of the other person.
8. An imputation is said to be made by composing, dictating, writing or contributing in any other way.
9. An imputation is said to be published when it comes to the knowledge of the third person.
10. When the publication is written or in permanent form it is known as Libel
11. Publication of words spoken or the gestures made is slander.
12. Publication is an essential ingredient of defamation.
13. Character of a person denotes what that person “actually is” and reputation denotes “others opinion” about a person.
14. Defamation is always concerned with reputation.
15. Imputation could be made against a single person, a firm, an association or a body of individuals.
16. Words of common use such a Idiot, scoundrel, lafanga,nalayak badmash which do not convey a definite imputation are not defamatory.
17. Indirect imputations are also known as innuendo.
18. Privileged communication between Husband and Wife, lawyer and is client etc., are not publication therefore do not come under the ambit of defamation.
19. When a defamatory statement is published not only is the writer liable but also the editor, publisher, and distributor liable under section 500 of the Indian Penal Code. Therefore, they cannot seek the protection as to their unawareness of the contents being defamatory in nature.
20. There are 10 exceptions provided under section 499 of the Indian Penal code which could be used as a defence.
21. Defamation is punishable with an imprisonment with can extend upto a term of 2 years or with fine or both.
22. It is to be noted that defamation is punishable only with simple imprisonment.
23. The quantum of punishment is decided as per the facts and circumstances of the case and the extent to which the imputation adversely affected the complainant.
24. Section 501 makes a distinct offence. It makes abetment of defamation a distinct and a separate offence and a person printing or engraving defamatory matter is liable to be punished under this section.
25. Section 502 is supplemental to section 501 which make sale of printed or engraved defamatory content punishable.
2. Chapter XXI of The Indian Penal Code deals with defamation.
3. In the Indian Penal Code defamation is defined u/s 499 and the punishment is mentioned u/s 500.
4. In India defamation could be by words spoken or written unlike English law where words spoken do not amount to the offence of defamation
5. Imputation could be by words spoken or intended to be read, signs and visible representations.
6. The imputation must be made or published against a person or persons concerned.
7. The imputation must be made with an intention or knowledge or belief that the imputation is likely to harm the reputation of the other person.
8. An imputation is said to be made by composing, dictating, writing or contributing in any other way.
9. An imputation is said to be published when it comes to the knowledge of the third person.
10. When the publication is written or in permanent form it is known as Libel
11. Publication of words spoken or the gestures made is slander.
12. Publication is an essential ingredient of defamation.
13. Character of a person denotes what that person “actually is” and reputation denotes “others opinion” about a person.
14. Defamation is always concerned with reputation.
15. Imputation could be made against a single person, a firm, an association or a body of individuals.
16. Words of common use such a Idiot, scoundrel, lafanga,nalayak badmash which do not convey a definite imputation are not defamatory.
17. Indirect imputations are also known as innuendo.
18. Privileged communication between Husband and Wife, lawyer and is client etc., are not publication therefore do not come under the ambit of defamation.
19. When a defamatory statement is published not only is the writer liable but also the editor, publisher, and distributor liable under section 500 of the Indian Penal Code. Therefore, they cannot seek the protection as to their unawareness of the contents being defamatory in nature.
20. There are 10 exceptions provided under section 499 of the Indian Penal code which could be used as a defence.
21. Defamation is punishable with an imprisonment with can extend upto a term of 2 years or with fine or both.
22. It is to be noted that defamation is punishable only with simple imprisonment.
23. The quantum of punishment is decided as per the facts and circumstances of the case and the extent to which the imputation adversely affected the complainant.
24. Section 501 makes a distinct offence. It makes abetment of defamation a distinct and a separate offence and a person printing or engraving defamatory matter is liable to be punished under this section.
25. Section 502 is supplemental to section 501 which make sale of printed or engraved defamatory content punishable.
I hope this write up helps you all in making notes for the exam and also quote a few important points in Mains to get better marks.
Maitreyi Raghuraman
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