(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.
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.
Exception 1. — 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.
Exception 2. — 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.
Exception 3. — 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 a meeting on a public question, in presiding or attending 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.
Exception 4. — It is not defamation to publish a substantially true report of the proceedings of a Court, 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, is a Court within the meaning of the above section.
Exception 5. — 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, 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 expresses of Z’s character is an opinion not founded on Z’s conduct as a witness.
Exception 6. — 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 publishes 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 singer who appears on a public stage, submits his acting or singing to the judgment of the public.
- (d) A says of a book published 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 the 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.
Exception 7. — 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 of 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 school master, 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.
Exception 8. — 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.
Illustration. — 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.
Exception 9. — 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 Magistrate, in making a report to his own 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.
Exception 10. — 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.
(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.
Simplified Explanation
This section deals with the offense of defamation, covering the core definition, illustrations, and exceptions. It aims to protect the reputation of individuals and entities from harm caused by false or harmful imputations.
Key Provisions:
- Definition of Defamation (Subsection 1):
- Act or Omission: A person commits defamation if they:
- Use spoken words, written words, signs, or visible representations to make or publish an imputation concerning another person.
- Intent: The act must be:
- Intended to harm, or
- Done with knowledge or reasonable belief that it would harm the person’s reputation.
- Scope: Defamation extends to:
- Deceased Persons: If the imputation would harm the reputation of the deceased if they were alive, and it is intended to hurt the feelings of their family or relatives.
- Entities: Companies, associations, or groups of people are also protected from defamatory imputations.
- Act or Omission: A person commits defamation if they:
- Conditions of Defamation:
- The imputation must lower the affected person’s reputation in the eyes of others. This includes:
- Moral or intellectual character.
- Standing in their caste, profession, or social credit.
- Suggesting disgraceful physical or personal conditions.
- The imputation must lower the affected person’s reputation in the eyes of others. This includes:
- Illustrations:
- Making ironic or indirect statements implying misconduct or dishonesty can amount to defamation.
- Drawing or publishing visual depictions that imply wrongdoing.
- Punishments (Subsections 2 to 4):
- General Defamation: Simple imprisonment for up to 2 years, a fine, or both.
- Printed or Engraved Material: Publishing or distributing defamatory material also attracts the same punishment.
- Sale of Defamatory Material: Selling or offering such material with knowledge of its content carries similar penalties.
Exceptions to Defamation:
The law includes specific exceptions to protect freedom of speech, public interest, and good faith communications:
- Truth and Public Good:
- True statements made for the public good are not defamatory. The determination of “public good” is a question of fact.
- Opinions on Public Servants:
- Good-faith opinions about the conduct or character of public servants in their official capacity are not defamatory.
- Opinions on Public Questions:
- Good-faith opinions on public issues or the conduct of individuals involved in public matters are exempt.
- Court Proceedings:
- Publishing true and fair reports of court proceedings is not defamatory.
- Criticism of Judicial Decisions:
- Good-faith opinions about court cases or the conduct of individuals as parties or witnesses in such cases are protected.
- Criticism of Public Submissions:
- Authors, speakers, performers, and others who voluntarily submit their work to public judgment can be criticized, provided it is done in good faith and does not extend beyond the work submitted.
- Censure Under Lawful Authority:
- Authority figures, like judges, parents, or employers, may censure others in good faith within their legal or contractual jurisdiction.
- Good-Faith Accusations:
- Accusations made in good faith to authorities with jurisdiction over the accused are not defamatory.
- Protective Imputations:
- Statements made in good faith to protect personal or public interests are not defamatory.
- Cautions in Good Faith:
- Warnings or cautions conveyed in good faith for the benefit of the recipient or the public are exempt.
Examples:
Defamatory Acts:
- A person publishes a cartoon showing someone stealing, intending to damage their reputation.
- Someone accuses another of dishonesty in a manner that others believe, causing harm to their reputation.
Non-Defamatory Acts:
- A true statement is made about a corrupt public servant to expose misconduct.
- A journalist critiques a book’s contents and expresses an opinion about the author’s intellectual capacity, provided it is limited to the book.
Objective of Section 356:
This provision balances the right to reputation with the freedom of expression. While protecting individuals and entities from unwarranted harm, it ensures legitimate criticism and public interest disclosures are not stifled.
The inclusion of detailed exceptions and illustrations ensures clarity in distinguishing defamation from permissible expressions.
