COMMENT ON DEFAMATION
Today i’m going to give a comment on DEFAMATION. first of all being a Law intern i’ll go with the legal definition.
So according to SEC. 499 of IPC 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 expected, to defame that person.
some Explanations :
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
NOW, According to me , Defamation means to INSULT someone by Orally or Verbally.
Now what is Orally and Verbally ?
Orally means, in spoken manner but verbally means in written form , poster form , by sign , any kind of imputation.
Some illustrations : of both orally and verbally
(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 fall 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 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 is defamation, unless it fall within one of the exceptions
so basically defamation is not big Crime because India is a Democratic country. Everyone have FUNDAMENTAL RIGHTS : RIGHT TO FREEDOM AND SPEECH UNER ARTICLE 19 OF INDIAN CONSTITUTION. Also this is SECULAR INDIA , the insect of Secularism is too Impatient to getting out every time.
But a crime is a all time a crime either it small or big. So Defamation is a crime and the PUNISHMENT of Defamation is given under section 500 of IPC. “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.” In India, defamation is both civil and criminal offence.
it’s all about Defamation as per me.
