Richa Pandey (lawyer) 05 January 2013

Defamation

sir/Madam,

I would like to know wether ,section499

of ipc can be invoked against any person giving staments against any community with an intension of defaming.

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 January 2013

No it has to be with respect to a specific individual or an ascertainable community of people. Example : Saying people of XXXX caste/religion are imbeciles is not defamation. On the other hand saying the particular group or club is a bunch of lunatics - would be defamation

(Guest)

@Querist,

The condition to attract the provisions of section 499 of IPC,the community which is in question,must be a collection of persons as capable of being defamed,such collections of persons must be a definite and determinate body.

The following view held in the case of G. Narshmhan v. T.V. Chokappa.

Following is the link for you

https://courtnic.nic.in/supremecourt/temp/sr%20401008p.txt

The above reply is only for your vague query and limited in sense.

Further extension of this reply will follow after having the details.

Note- The above reply should be considered as per my declaration given in my profile page.

Thanks,

regards,

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