Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused made or published an imputation concerning another person.
- The imputation was made by words, signs, or visible representations.
- The imputation was intended to harm the reputation of that person.
- The imputation was not covered by any of the exceptions.
Potential Defenses:
- Truth of the imputation
- Fair comment on public conduct
- Privileged communication
- Consent of the person defamed
- Good faith for public good
Practical Examples
What Constitutes the Offense:
False allegations of criminal conduct, spreading rumors about personal life, false accusations of professional misconduct, publishing false information about business practices.
What Doesn't Constitute:
Truthful statements, fair criticism of public figures, statements made in good faith for public good, privileged communications, statements made in self-defense.
Important Case Laws
Subramanian Swamy v. Union of India (2016)
The Supreme Court upheld the constitutional validity of criminal defamation under Sections 499 and 500 of IPC, holding that the right to reputation is a fundamental right under Article 21.
Sahara India Real Estate Corporation Ltd. v. SEBI (2012)
The court held that truth is a defense in defamation cases, but it must be proved to be true and must be for public good.
Punishment
Simple imprisonment up to 2 years, or fine, or both
Related Information
Connected Sections:
Section 500 (Punishment for defamation), Section 501 (Printing or engraving matter known to be defamatory), Section 502 (Sale of printed or engraved substance containing defamatory matter).
Procedural Aspects:
The case is triable by any Magistrate. The offence is compoundable with the permission of the court. Truth is a defense but must be proved.