Indian Penal Code,1860
Act No : 45
Section :
Defamation.
499. Defamation.--Whoever by words either spoken or intended tobe read, or by signs or by visible representations, makes or publishesany imputation concerning any person intending to harm, or knowing orhaving reason to believe that such imputation will harm, thereputation of such person, is said, except in the cases hereinafterexcepted, to defame that person. Explanation 1.-It may amount to defamation to impute anything toa deceased person, if the imputation would harm the reputation of thatperson if living, and is intended to be hurtful to the fellings of hisfamily or other near relatives. Explanation 2.-It may amount to defamation to make an imputationconcerning a company or an association or collection of persons assuch. Explanation 3.-An imputation in the form of an alternative orexpressed ironically, may amount to defamation. Explanation 4.-No imputation is said to harm a person'sreputation, unless that imputation directly or indirectly, in theestimation of others, lowers the moral or intellectual character ofthat person, or lowers the character of that person in respect of hiscaste or of his calling, or lowers the credit of that person, orcauses it to be believed that the body of that person is in a lothsomestate, or in a state generally considered as disgraceful. Illustrations (a) A says-"Z is an honest man; he never stole B's watch",intending to cause it to be believed that Z did steal B's watch. Thisis defamation, unless it fall within one of the exceptions. (b) A is asked who stole B's watch. A points to Z, intending tocause it to be believed that Z stole B's watch. This is defamation,unless it fall within one of the exceptions. (c) A draws a picture of Z running away with B's watch,intending it to be believed that Z stole B's watch. This isdefamation, unless it fall within one of the exceptions. First Exception.-Imputation of truth which public good requiresto be made or published.- It is not defamation to impute anythingwhich is true concerning any person, if it be for the public good thatthe imputation should be made or published. Whether or not it is forthe public good is a question of fact.213 Second Exception.-Public conduct of public servants.-It is notdefamation to express in good faith any opinion whatever respectingthe conduct of a public servant in the discharge of his publicfunctions, or respecting his character, so far as his characterappears in that conduct, and no further. Third Exception.-Conduct of any person touching any publicquestion. -It is not defamation to express in good faith any opinionwhatever respecting the conduct of any person touching any publicquestion, and respecting his character, so far as his characterappears in that conduct, and no further. Illustration It is not defamation in A to express in good faith any opinionwhatever resepting Z's conduct in petitioning Government on a publicquestion, in signing a requisition for a meeting on a public question,in presiding or attending at such meeting, in forming or joining anysociety which invites the public support, in voting or canvassing fora particular candidate for any situation in the efficient discharge ofthe duties of which the public is interested. Fourth Exception.-Publication of reports of proceedings ofcourts- It is not defamation to publish a substantially true report ofthe proceedings of a Court of Justice, or of the result of any suchproceedings. Explanation.-A Justice of the Peace or other officer holding anenquiry in open Court preliminary to a trial in a Court of Justice, isa Court within the meaning of the above section. Fifth Exception.-Merits of case decided in Court or conduct ofwitnesses and others concerned. It is not defamation to express ingood faith any opinion whatever respecting the merits of any case,civil or criminal, which has been decided by a Court of Justice, orrespecting the conduct of any person as a party, witness or agent, inany such case, or respecting the character of such person, as far ashis character appears in that conduct, and no further. Illustrations (a) A says-"I think Z's evidence on that trial is socontradictory that he must be stupid or dishonest." A is within thisexception if he says this in good faith, inasmuch as the opinion whichhe expresses respects Z's character as it appears in Z's conduct as awitness, and no farther. (b) But if A says-"I do not believe what Z asserted at that trialbecause I know him to be a man without veracity"; A is not within thisexception, inasmuch as the opinion which expresses of Z's character,is an opinion not founded on Z's conduct as a witness. Sixth Exception.-Merits of public performance.-It is notdefamation to express in good faith any opinion respecting the meritsof any performance which its author has submitted to the judgment ofthe public, or respecting the character of the author so far as hischaracter appears in such performance, and no farther. Explanation.-A performance may be submitted to the judgment ofthe public expressly or by acts on the part of the author which implysuch submission to the judgment of the public. Illustrations (a) A person who publishes a book, submits that book to thejudgment of the public. (b) A person who makes a speech in public, submits that speech tothe judgment of the public. (c) An actor or singer who appears on a public stage, submits hisacting or singing to the judgment of the public.214 (d) A says of a book published by Z-"Z's book is foolish; Z mustbe a weak man. Z's book is indecent; Z must be a man of impure mind."A is within the exception, if he says this in good faith, inasmuch asthe opinion which he expresses of Z respects Z's character only so faras it appears in Z's book, and no further. (e) But if A says-"I am not surprised that Z's book is foolishand indecent, for he is a weak man and a libertine." A is not withinthis exception, inasmuch as the opinion which he expresses of Z'scharacter is an opinion not founded on Z's book. Seventh Exception.-Censure passed in good faith by person havinglawful authority over another.-It is not defamation in a person havingover another any authority, either conferred by law or arising out ofa lawful contract made with that other, to pass in good faith anycensure on the conduct of that other in matters to which such lawfulauthority relates. Illustration A Judge censuring in good faith the conduct of a witness, or ofan officer of the Court; a head of a department censuring in goodfaith those who are under his orders; a parent censuring in good faitha child in the presence of other children; a schoolmaster, whoseauthority is derived from a parent, censuring in good faith a pupil inthe presence of other pupils; a master censuring a servant in goodfaith for remissness in service; a banker censuring in good faith thecashier of his bank for the conduct of such cashier as such cashier-are within this exception. Eighth Exception.-Accusation preferred in good faith toauthorised person.-It is not defamation to prefer in good faith anaccusation against any person to any of those who have lawfulauthority over that person with respect to the subject-matter ofaccusation. Illustration If A in good faith accuses Z before a Magistrate; if A in goodfaith complains of the conduct of Z, a servant, to Z's master;if A ingood faith complains of the conduct of Z, a child, to Z's father-A iswithin this exception. Ninth Exception.-Imputation made in good faith by person forprotection of his or other's interests.-It is not defamation to makean imputation on the character of another provided that the imputationbe made in good faith for the protection of the interest of the personmaking it, or of any other person, or for the public good. Illustrations (a) A, a shopkeeper, says to B, who manages his business-"Sellnothing to Z unless he pays you ready money, for I have no opinion ofhis honesty." A is within the exception, if he has made thisimputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report to his own superiorofficer, casts an imputation on the character of Z. Here, if theimputation is made in good faith, and for the public good, A is withinthe exception. Tenth Exception.-Caution intended for good of person to whomconveyed or for public good.- It is not defamation to convey acaution, in good faith, to one person against another, provided thatsuch caution be intended for the good of the person to whom it isconveyed, or of some person in whom that person is interested, or forthe public good.215
