Defamation
pratik
(Querist) 06 March 2011
This query is : Resolved
1)It has been said that any government, local authority governor by the aid of government or not,other organisation & institute exercising govermental are not allowed to file any case, SLP or writ petition in any court or tribunal as per section 499 of the Indian Penal COde, 1860.
So can we say that the abovemention authority can't file a case, suit, SLP or writ petition whether civil or criminal in any court or any tribunal in case of defamation.
Because as per section 499 of the said act any person, company,association or collection of persons are referred & no government company or assocaition or collection of persons are referred ?
The exact of the section 499 of the Indian Penal Code, 1860 is as follows :
Section 499. Defamation.-- 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. Explanation 1.- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the fellings of his family or other near relatives. Explanation 2.- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.- An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.- No imputation is said to harm a person' s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a lothsome state, or in a state generally considered as disgraceful.
Thanks In Advance.
GOd Bless U All.
V R SHROFF
(Expert) 07 October 2012
Academic Query??
