Penal Code 1970
Defamation
Section 479. 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 feelings 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 loathsome state, 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. This is defamation,
unless it falls within one of the exceptions.
(b) A is asked who stole B's watch. A points to Z, intending to cause it to
be believed that Z stole B's watch. This is defamation, unless it falls
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 is defamation, unless it falls within
one of the exceptions.
First exception:- It is not defamation to impute anything which is true
concerning any person, if it be for the public good that the imputation should
be made or published. Whether or not it is for the public good is a question of
fact.
Second exception:- It is not defamation to express in good faith any
opinion whatever respecting the conduct of a public servant in the discharge
of his public functions, or respecting his character, so far as his character
appears in that conduct and no further.
Third exception:- It is not defamation to express in good faith any
opinion whatever respecting the conduct of any person touching any public
question, and respecting his character, so far as his character appears in that
conduct and no further.
Illustration
It is not defamation in A to express in good faith any opinion whatever
respecting Z's conduct in petitioning Government on a public question, in
signing a requisition for meeting on a public question, in presiding or a
tending at such meeting, in forming or joining any society which invites the
public support, in voting or canvassing for a particular candidate for any
situation in the efficient discharge of the duties of which the public is
interested.
Fourth exception:- It is not defamation to publish a substantially true
report of the proceedings of a Court of Justice or of the result of any
such proceedings.
Explanation:- A Magistrate or other officer holding an inquiry in open court
preliminary to a trial in a Court of Justice is a court within the meaning
of the above exception.
Fifth exception:- It is not defamation to express in good faith any
opinion whatever respecting the merits of any case, civil or criminal, which
has been decided by a court of justice, or respecting the conduct of any person
as a party, witness, or agent in any such case or respecting the character of
such person as far as his character appears in that conduct, and no further.
Illustrations
(a) A says- " I think Z's evidence on that trial is so contradictory that he
must be stupid or dishonest." A is within this exception if he says this
in good faith, inasmuch as the opinion which he expresses respects Z's
character as it appears in Z's conduct as a witness, and no further.
(b) But if A says- " I do not believe what Z asserted at that trial, because
I know him to be a man without veracity " A is not within this
exception , inasmuch as the opinion which he expresses of Z's
character is an opinion not founded on Z's conduct as a witness.
Sixth exception:- It is not defamation to express in good faith any
opinion respecting the merits of any performance which its author has submitted
to the judgment of the public , or respecting the character of the author so
far as his character appears in such performance, and no further.
Explanation:- A performance may be submitted to the judgment of the public
expressly or by acts on the part of the author which imply such submission to
the judgment of the public.
Illustrations
(a) A person who publishers a book submits that book to the judgment of the
public.
(b) A person who makes a speech in public submits that speech to the
judgment of the public.
(c) An actor or signer who appears on a public stage submits his acting or
signing to the judgment of the public.
(d) A says of a book publishers by Z- "Z's book is foolish ,Z must be a
weak man, Z's book is indecent, Z must be a man of impure mind" A is
within this exception if he says this in good faith, inasmuch as the
opinion which he expresses of Z respects Z's character only so far as it
appears in Z's book, and no further.
(e) But if A says – "I am not surprised that Z's book is foolish and
indecent, for he is a weak man and a libertine" A is not within this
exception, inasmuch as the opinion which he expresses of Z's character
is an opinion not founded on Z's book.
Seventh exception:- It is not defamation in a person having over another
any authority ,either conferred by law or arising out of a lawful contract made
with that other, to pass in good faith any censure on the conduct of that other
in matters to which such lawful authority relates.
Illustration
A judge censuring in good faith the conduct of a witness, or for an officer of
the court; a head of a department censuring in good faith those who are under
his orders; a parent, censuring in good faith a child in the presence of other
children; a schoolmaster whose authority is derived from a parent, censuring in
good faith a pupil in the presence of other pupils; a master censuring a servant
in good faith for remissness in service; a banker censuring in good faith the
cashier of his bank for the conduct of such cashier as such cashier – are within
this exception.
Eighth exception:- It is not defamation to prefer in good faith an
accusation against any person to any of those who have lawful authority over
that person with respect to the subject matter of accusation.
Illustrations
If A in good faith accuses Z before a Magistrate ; if A in good faith complains
of the conduct of Z, a servant to Z's master ; if A in good faith complains of
the conduct of Z a child to Z's father- A is within this exception.
Ninth exception:- It is not defamation to make an imputation on the
character of another, provided that the imputation be made in good faith for
the protection of the interests of the person making it, or of any other person,
or for the public good.
Illustrations
(a) A, a shopkeeper, says to B, who manages his business "Sell nothing to Z
unless he pays you ready money , for I have no opinion of his honesty".
A is within the exception if he has made this imputation on Z in good
faith for the protection of his own interests.
(b) A, a public servant in making a report to his superior officer casts an
imputation on the character of Z . Here if the imputation is made in
good faith and for the public good, A is within the exception.
Tenth exception:- It is not defamation to convey a caution , in good
faith to one person against another , provided that such caution be intended for
the good of the person to whom it is conveyed, or of some person in whom that
person is interested, or for the public good.
Section 480. Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with fine or with
both.
Section 481. Whoever prints or engraves any matter, knowing or having
good reason to believe that such matter is defamatory of any person shall be
punished with simple imprisonment for a term which may extend to two years or
with fine or with both.
Section 482. Whoever sells or offers for sale any printed or engraved
substance containing defamatory matter, knowing that it contains such matter
shall be punished with simple imprisonment for a term which may extend to two
years or with fine or with both.
Section 482A. Whoever having been sentenced to a term of twelve months'
imprisonment or upwards for an offence punishable under this Chapter shall again
be convicted of any offence punishable under this Chapter shall be liable for
every such subsequent conviction at the description of the court to imprisonment
of either description which may extend to two years, or to fine or to both such
punishments.
OF CRIMINAL INTIMIDATION, INSULT , AND ANNOYANCE
Section 483. Whoever threatens another with any injury to his person,
reputation or property or to the person or reputation of any one in whom that
person is interested with intent to cause alarm to that person, or to cause that
person to do any act which he is not legally bound to do , or to omit to do any
act which that person is legally entitled to do, as the means of avoiding the
execution of such threat, commits criminal intimidation .
Explanation:- A threats to injure the reputation of any deceased person in whom
the person threatened is interested is within this section.
Illustrations
A, for the purpose of inducing B to desist from prosecuting a civil suit,
threats to burn B's house. A is guilty of criminal intimidation.
Section 484. Whoever intentionally insults and thereby gives provocation
to any person, intending or knowing it to be likely that such provocation will
cause him to break the public peace, or to commit any other offence shall be
punished with imprisonment of either description for a term which may extend
to two years, or with fine or with both.
Section 485. Whoever circulates or publishers any statement, rumor, or
report which he knows to be false with intent to cause any officer, sailor,
soldier, or airman in the navy, army, or air force of her Majesty to mutiny,
or with intent to cause fear or alarm to the public and thereby to induce any
person to commit an offence against the State or against the public tranquility
shall be punished with imprisonment of either description for a term which may
extent to two years or with fine or with both.
Section 486. Whoever commits the offence of criminal intimidation shall
be punished with imprisonment of either description for a term which may extend
to two years, or with fine or with both; and if the threat be to cause death or
grievous hurt or to cause the destruction of any property by fire or to cause
an offence punishable with death or with imprisonment for term which may extend
to seven years, or to impute unchastity to a woman shall be punished with
imprisonment of either description for a term which may extend to seven years or
with fine or with both.
Section 487. Whoever commits the offence of criminal intimidation by an
anonymous communication or having taken precaution to conceal the name or abode
of the person from whom the threat comes shall be punished with imprisonment of
either description for a term which may extend to two years in addition to the
punishment provided for the offence by the last preceding section.
Illustration
A, writes an anonymous letter threatening B and sends it to C living with B
expecting and believing C would show the letter to B ; A is guilty under this
section.
Section 488. Whoever in a state of intoxication appear in any public
place or in any place which it is a trespass in him to enter and there conducts
himself in such a manner as to cause annoyance to any person shall be punished
with simple imprisonment for a term which may extend to one month, or with fine
which may extend to one hundred rupees or with both.
Of Unlawful Oaths
Section 489. Whoever administers or causes to be administered or abets
the administering or taking of any oath, engagement or obligation in the nature
of an oath, purporting or intending to bind the person taking the same to
commit or abet the commitment of any offence or takes any such oath, engagement
or obligation , if the offence to which the oath, engagement or obligation
relates be punishable with death or imprisonment for twenty years shall be
punished with imprisonment of either description which may extend to twenty
years or with fine or both and if the offence is punishable with imprisonment
for less than twenty years shall be punished with such punishment as may be
awarded for the offence to which such oath , engagement or obligation relates.
Of Attempts To Commit Offence
Section 490. Whoever attempts to commit an offence punishable by this
Code with imprisonment or to cause such an offence to be committed and in such
attempt does any act towards the commission of the offence shall where no
express provision is made by this code for the punishment of such attempt be
punished with imprisonment of either description provided for the offence for a
term which may extend to one-half of the longest term provided for that offence
or with such fine as is provided for the offence or with both.
Illustrations
(a) A makes an attempt to steal some jewels by breaking open a box, and
finds after so opening the box that there is no jewel in it. He has done
an act towards the commission of theft and therefore is guilty under
this section.
(b) A, makes an attempt to pick the pocket of Z by thrusting his hand in to
Z's pocket. A fails in the attempt in consequence of Z having nothing in
his pocket. A is guilty under this section.
Login
Join Us
Login
Join Us