AUTHOR- Samridhi Sharda
Defamation can be described as the injury to the reputation, goodwill or character of an individual. This is an offence in both Criminal and Civil laws in India. Under Criminal law, defamation is an offence under section 499 of the Indian Penal Code, 1860bailable, non- cognizable and compoundable punishable with simple imprisonment up to two years or fine or both while under the civil laws, it is punishable under Law of torts with the imposition of punishment and awarding damages to the claimant. An action of defamation can only be made by the person defamed and not anyone else.[1] In a Civil defamation case, the claimant can either move to the High court or subordinate courts to seek monetary compensation.
Essentials of Defamation:
· Defamatory statement
· General statements said in a broad perspective; ‘all politicians are corrupt’ are not defamatory statements
· Statements which are of public importance or made by the court, governments are not defamatory statements.
· Burden of proof lies on the plaintiff to prove that the statement against which he seeks action harms his goodwill and reputation beyond reasonable doubt.
Civil defamation is constituted when the following conditions are satisfied;
· Such defamatory statement must be made by the accused which injures the reputation of the claimant.
· The statement must be mentioned by the plaintiff/ referred by the plaintiff - It is immaterial that the defendant did not really intend to defame the plaintiff. If the person to whom the statement was published could infer that the statement referred to the plaintiff, the defendant is liable.
· And the same statement must be published; orally or in written form.
[1] HarashMendiratta V. Maharaj Singh 2002 Cr. L.J 2651
Comentários