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Ankit Singh (N/A)     15 June 2013

Libel/defamation - civil or criminal

I wish to ask that the "libel" in case of fiction books/novels is a civil or criminal charge. Intended defamation is a crime under section-499 of the IPC, but there is no clear cut mention of word "libel" in it. Is it the same charge for the libel? Secondly, if a libel case is filed then, is it a solid point, that the genre of the writing itself is fiction, and the notice in the initial pages - "This is entirely a work of fiction which has no relation with the living persons or things."



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 3 Replies

Advocate Deepak Gupta (Lawyer)     15 June 2013

Under English law , spoken defamation is called slander and  written defamation is called libel .

In IPC section 499 , essential content of offence are

1: The making or publication of any imputation against any person .

2: Such imputation should have been made by word either spoken or intended to be read , sign, visible representation.

3: Said imputation must have been made or published with intention of harming .

4: Such imputation must have lowered the reputation of the aggrevied person in the estimation of the others.

So section 499 include both slander and libel ,make no distinction between the written and spoken defamation.

For demation - intention , aggrieved person ( person directly defamed) , must have legal grivances , and there cannot be any grivance merely on account of fanciful and sentimental attitude . So defamation case is not maintainable .


(Guest)

@Querist,

 

In addition to as said above,I would like to tell you that in India,defamation is covered under by both Civil offences and Criminal offences as well.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Sudhir Kumar, Advocate (Advocate)     19 June 2013

it is both civil and criminal. But mere insulting expression may or may nto be defamation.


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