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PROVISIONS OF DEFAMATION

1. What is Defamation and what are its legal implications?

Defamation is a legal concept that refers to any false statement made about an individual,
group, or entity that damages their reputation. This harm can occur through written (libel) or
spoken (slander) statements.

For defamation to be actionable, certain criteria must be met: the statement must be false, it
must be communicated to a third party, and it must cause damage to the individual's or
entity's reputation.

In civil law, defamation claims typically seek monetary compensation for the harm caused,
while in criminal law, it can result in punishment such as imprisonment or fines.

2. What are the types of Defamation?

i) Libel: Defamation in a permanent form, such as written or printed statements, or any
visual form (e.g., books, newspapers, photographs).
ii) Slander: Oral defamation, typically transient and spoken in nature

3. Kindly throw some light on Civil Defamation.

Civil Defamation (Tort Law)

Civil defamation is based on tort law, and the aggrieved person can file a lawsuit to claim
damages for harm to reputation.

4. What constitutes a Defamation under Civil Law?

Ingredients of Defamation under Civil Law:

a) A false and defamatory statement was made.

b) The statement referred to the plaintiff.
c) The statement was published or communicated to a third party.
d) The statement caused harm to the plaintiff's reputation.
e) The remedy in civil defamation cases is generally monetary compensation for the
damage caused.

5. What are the remedies for Defamation under Civil Law?

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Remedies in Civil Defamation:

 Damages: The primary remedy is monetary compensation for the injury to the
plaintiff's reputation. Damages can be compensatory (for actual harm), punitive (to
punish the wrongdoer), or nominal (where no substantial harm was done but a wrong
was recognized).
 Injunction: In some cases, the court may issue an injunction to prevent the publication
or dissemination of defamatory content in the future.

6. What is the defence available for Defamation under Civil Law?

Defenses in Civil Defamation:

 Truth: If the defendant proves that the statement is true, it is a complete defense.
 Fair Comment: If the statement was a fair comment on a matter of public interest and
made in good faith, it can be defended.
 Privilege: There are two kinds of privileges:
o Absolute Privilege: Statements made in certain situations, like in Parliament,
judicial proceedings, or by certain officials, are absolutely protected.
o Qualified Privilege: Statements made in good faith and without malice in
certain situations, such as during employer references or media reports on
public matters, are protected under qualified privilege.

7. How is Defamation defined as per BNS?

The provisions of defamation under the Bharatiya Nyaya Sanhita (BNS) 2023 are outlined in
Section 356. This section defines defamation as the act of harming the reputation of a person
through statements, whether written, spoken, or otherwise, which may lower the person in the
estimation of others or make them the object of hatred, ridicule, or contempt.

S 356 BNS

(1) Whoever, by words either spoken or intended to be read, or by signs or by visible

representations, makes or publishes in any manner, 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.
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8. Punishments given under the act.

(2) Whoever defames another shall be punished with simple imprisonment for a term
which may extend to two years, or with fine, or with both or with community service.

(3) 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.

(4) 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.

9. What constitutes Defamation under the Criminal Law i.e., BNS?

Ingredients of Defamation under BNS

1. Making or publishing any imputation concerning any person.

2. The imputation should have been made through Either words, either spoken or
intended to be read; or Signs; or Visible representations.

3. Such imputation must have been with the intention of harming or with the knowledge
or reason to believe that it will harm the reputation of the person concerning whom it
is made.

10. What are the exceptions to Defamation?

Truth in Public Good: If the statement made is true and made for the public good, it is not
considered defamation.

1. Opinions on Public Servants: Statements made in good faith regarding the conduct of
public servants in their official capacity do not amount to defamation.

2. Public Question or Proceedings: Opinions or reports about matters of public concern,

or published reports of judicial proceedings, are exempt.
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3. Merits of Public Performance: Criticisms made in good faith about public

performances such as books or speeches, where the person has submitted the work to
public judgment, are not defamatory.

As per the Criminal Code, defamation is addressed in Section 222 of the Bhartiya Nagrik
Suraksha Sanhita, titled "Defamation Prosecution."

11. What is the remedy available for Defamation under Constitution of India.?

While Article 19(1)(a) of the Indian Constitution guarantees the right to freedom of speech
and expression, it is subject to reasonable restrictions under Article 19(2), which includes
restrictions in the interest of "defamation."

Civil Defamation Criminal Defamation

Aspect
(Defamation as a Tort) (Defamation as a Crime)

A criminal offense, defined

Legal Nature A civil wrong (tort) under Sections 499 and 500 of
IPC

To compensate the victim

To punish the offender and deter
Purpose for harm to their
similar offenses in society
reputation

Based on tort law and Codified under the Indian Penal

Legal Framework
judicial precedents Code (IPC), 1860

Monetary compensation
Imprisonment for up to 2 years,
Remedy/Consequence (damages) awarded to the
a fine or both
plaintiff

Burden of Proof Balance of probabilities Beyond a reasonable doubt

By the aggrieved party By the state or aggrieved party

Initiation of Action
(plaintiff) as a criminal complaint

Lower standard (balance Higher standard (beyond a

Standard of Proof
of probabilities) reasonable doubt)

Truth, fair comment, Truth (only if for public good),

Defenses Available
qualified privilege good faith, fair comment
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More public attention due to

Less public attention, as it
Public Attention state involvement and criminal
is a private dispute
nature

Civil court proceedings, Criminal court proceedings, may

Trial Process
usually judge-only involve a jury in higher courts

Filing a lawsuit in civil Filing a criminal complaint, state

Legal Procedures
court, seeking damages prosecutes the offense

Seen as a necessary check

Impact on Free Often criticised for its potential
on speech to protect
Speech to stifle free speech
reputation

Result for the Payment of damages if Imprisonment, fine or both if

Accused found guilty found guilty

No specific statute; relies

Codified in the Indian Penal
Legal Basis on common law and case
Code (Sections 499 and 500)
law

Common in many Increasingly criticised globally;

Global Perspective jurisdictions with civil some countries have
remedies decriminalised defamation

12. CASE LAWS:

Atul Kumar Pandey v. Kumar Avinash [2020 SCC OnLine Cal 994]
This case clarified that both civil and criminal defamation cases can be pursued
simultaneously. While criminal proceedings deal with penal consequences under Section 499
of the IPC, civil defamation focuses on seeking damages for reputational harm. The court
emphasized that the plaintiff in a civil suit could claim monetary compensation for
defamatory statements

Arvind Kejriwal vs State & Anr [2024 LiveLaw (Del) 136]

In a recent case, the Supreme Court heard an appeal by the Delhi Chief Minister challenging
a Delhi High Court decision that upheld summons in a criminal defamation case. The
defamation charges stemmed from the CM’s retweet of an allegedly defamatory video
originally posted by a YouTuber in 2018.
The High Court had found that retweeting such content, and potentially projecting it as one’s
own view, could prima facie amount to defamation under Section 499 of the IPC. It also
emphasized that the CM’s significant social media presence amplified the reach of the
retweet, making it akin to a public endorsement.
However, the Supreme Court ruled that a retweet does not always equate to an endorsement
of the original content.
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SOURCE: [Link]
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