Criminal Defamation Law – Defamation is said to be worse than death and is considered as Great Evil in the Bhagwat Gita. A person’s Reputation is an integral and important part of the dignity and Article 21 of the Indian constitution guarantees the Right to Reputation to all the citizens of India and it is also known as natural rights.
Article 19(1)(a) of Constitution of India gives an individual right to freedom of speech and expression, which isn’t absolute and reasonable restrictions has been imposed by it for exercising the rights within the interest of the safety of state, friendly relations with foreign states, public order, decency, morality, contempt of court, defamation.
What is Defamation?
Any intentional false communication or statement, either in written form or oral form, that harms somebody’s reputation; decreases the respect, regard, or confidence during which someone is held; or induces disparaging, hostile, or disagreeable opinions or feelings against someone.
Elements to Criminal Defamation Law are:
- making or Publishing any statement that concerns any person,
- such statement must be made with the intention to harm someone with knowledgeor having any reason to believe that it will harm the reputation of the concerned person.
Therefore, the most essential ingredient or condition is the intention to cause harm, for an offence of defamation under section 499 of IPC. Also, publishing of such statement must be there i.e. it could be accessible to the general public, then only it’ll be considered defamation. Punishment for the crime of defamation is imprisonment up to 2 years or fine as per Section 500 of the IPC. In past few years, defamation cases are growing in India at a very speedy rate.
Political Leaders and Petitions
The politicians are filing defamation cases against one another on not so serious grounds and so cross defamation cases are being filed. There are a variety of cases filed against politicians. All this has led to fuss in media and wishes to relook into defamation laws of India.
Scandalum magnatum which means “the slander of great men” is the concept from where Defamation originates, this protected the reputation of the aristocrats. The crime was linked to sedition, so insulting a lord was like treason.
This is often different from politicians prosecuting one another since they rarely, if ever, suffer punishment. On the opposite hand, politicians have silenced the private members of civil society by filing a number of cases against them. When presented with these concerns, the Supreme Court simply did not seriously engage with them.
Defamation as a Civil & Criminal Offence
Defamation may be viewed as both, a civil offence also as criminal offence, and should be defined as the writing, publication and speaking of a falsehood which causes injury to reputation and good name for personal interest. The remedy for a civil defamation is roofed under Law of Torts. In civil defamation, a victim can move high court or subordinate courts for seeking damages in the sort of monetary compensation from accused.
Under the Indian Penal code, Section 499 and section 500 provides a chance to the victim to file a criminal case for defamation against the accused. Punishment for the guilty person for criminal defamation is straightforward imprisonment which can be two years or fine or both. Under the criminal law, it’s bailable, non-cognizable and compoundable offence.
Section 499 of the IPC defines – ‘Defamation- Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputations 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, expect in the case hereinafter expected, to defame that person.’
Section 500 of the IPC defines – ‘Punishment for defamation- Whoever, defames another shall be punished with a simple imprisonment for a term which may extend up to two years, or with fine, or with both’.
Constitutional Validity of Section 499 & 500
To escape from the defamation cases, political leaders have filed case challenging the constitutional validity of defamation law in India. It’s been alleged that this takes away the fundamental right of freedom of speech and expression guaranteed under Article 19(1) of the Indian Constitution. The question that arose is that, whether or not the reasonable restrictions imposed by the state under Article 19(2) of the Constitution are applicable to defamation? The reasonableness of this restriction must be analyzed by Court. In Raj Gopal case, civil defamation has been modified to be in consonance with Article 19 of the Constitution.
Analysis of Article 19 of Indian Constitution
The fundamental right to freedom of speech and expression under Article 19 of the Constitution is considered one amongst the most basic elements of a healthy democracy, as it allows its citizens to participate fully and effectively within the social and political process of the country. Freedom of speech provides a chance to express one’s belief and show political attitudes. It ultimately ends up in the welfare of the society and state.
Thus, freedom of speech provides a mechanism by which it might be possible to determine an inexpensive balance between stability and social change. However, it’s rightly noted in State of West Bengal Vs. Subodh Gopal Bose case that the State features a duty to safeguard itself against certain unlawful actions and, therefore, may enact laws which might ensure such protection. The right that springs from Article 19(1)(a) of the Indian Constitution isn’t absolute and unchecked. There can’t be any liberty absolute in nature and uncontrolled operational so as to confer a right wholly free from any restraint. Had there been no restraint, the rights and freedoms may become synonymous with anarchy and disorder.
In case of matter pertaining to Criminal Defamation Law in Faridabad you can contact –
Advocate Sunil Kumar Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
