There is a requirement for a specific complaint, and not one of a general nature. A man’s reputation is treated as his property and if any person poses damage to property he is liable under the law, similarly, a person injuring the reputation of a person is also liable under the law. The letter was a private note to your husband that you did not share with anyone else, he did. If the defamatory statement is disseminated, propagated or distributed, this leads to its publication. If the person to whom the statement was published could reasonably infer that the statement referred to him, the defendant will then be liable. Wife files a case under 498-A against husband but the District Court in Delhi rules in favour of the husband. that it comes within the knowledge of a third person who is not the subject of the defamatory statement. However, if the publication of such a statement leads to obstruction in the administration of justice or interferes with due course of justice, then the same shall be summarily punished as contempt of court. This can be easily understood through an example: If a newspaper publishes a false news item on an actress that she is pregnant, and currently she is unmarried, such can be interpreted to be defamatory. In the Case of Ram Jethmalani v. Subramanian Swamy court held Dr. Swamy to be liable for defaming Mr. Jethmalani by saying that he received money from a banned organization to protect the then CM of Tamil Nadu in the case of the assassination of Rajiv Gandhi. Thus, if a teacher calls a student lazy or an employer admonishes an employee for coming late, the same would not fall under the offence as envisaged under Section 499. This article is written by Rishabh soni, 3rd-year law student Amity law school Delhi. Under Criminal law, only libel has been recognized as an offense. The maker of the report must ensure that the information it contains is free from malafide, dishonest and incorrect information. The harm to reputation can cause mental as well as financial problems to the plaintiff. Under Indian Penal Code, Section 499 and 500 lay down the substance of the offence of defamation is punishable under Indian Law. The law considers marriage a contract between two people. For this, the following must be proved. A number of petitions were filed by various politicians like Rahul Gandhi, Arvind Kejriwal etc. Slander is no offense. When the marriage is nearly over but the divorce has yet to take place, one or both spouses may say or write things about the other that could damage the reputation, chances of work or revenue or cast a negative light upon the other at any point. Further, it is important to note that the ‘truth’ must extend to the entire statement. In TJ. Explanation 4: What is Harming Reputation? Justice Fitzgerald said that citizens can show the error that was committed on the part of the judges as long as the discussion is fair and made without malice. If a publisher published a faithful and accurate report containing defamatory statements, it amounted to breach of privilege or contempt of legislature in India. Cancel. For this same purpose, the definition of defamation has been expanded to include Explanation 1 which deals with the same. Therefore, the statement that is alleged to be defamatory must not only be hurtful to the deceased but also to the feelings of the family and relatives. Normally, the editor of the newspaper is responsible for publishing defamatory material but if he, for a bonafide purpose, is absent from duty, he will not be liable. Similarly, the Bombay High Court in the case of Sukhdeo Vithal Pansare vs Prabhakar Sukhdeo, also held that the typist of the lawyer who typed such defamatory notice shall also not be liable. Lastly, if any person institutes suit for frivolous purposes, the court shall be empowered to punish the same through exemplary costs. The person taking the benefit of this defence must ensure that the statement he made is fair and honest and he has the onus to prove that the said imputation was true or that there existed circumstances which made him believe that the information was true. This was further elucidated upon in, Vasant Kumar Birla & Ors v. Prakash Jha & Ors, “There was no action in defamation lies against any libel or slander against dead persons. In the case of D.P. Section 500 lays down the punishment to the person who commits the offence of defamation. It grants immunity from civil and criminal action to such a publication if it is without malice and for the public good and if the report is substantially true.” In Matters Personally Defaming the Governor, His Personal Authorisation is a must. Under Indian law, liability is not imposed for defaming the dead. 1. © Copyright 2016, All Rights Reserved. There is a distinction in the form of publication between English and Indian Law. Certain ingredients need to be fulfilled for this exception to be applied: It is important to note that a person in authority has the power to censure those subordinate to him. lays down the punishment to the person who commits the offence of defamation. In the eyes of law, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of section 499. A British woman has been prevented from leaving Dubai, police in the Emirate said Monday, after her ex-husband's new wife pressed defamation charges over comments posted on Facebook. There are two different offences, firstly, under Section 501 where printing or engraving materials that are defamatory is punishable, and secondly, under Section 502 if a person offers for sale any defamatory material which is printed and engraved, the same is also punishable. However, if a third person wrongfully reads a letter meant for the plaintiff, then the defendant likely to be liable. Intermediaries like social media platforms or search engines should not be held responsible for the defamatory content published on their website as they don’t enjoy any creative control over this content. Anything that injures the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published, is defamation and is usually punishable by jail time. In a civil action for defamation, the truth of the defamatory matter is a complete defense and the reason for this is that “ Law will not permit a man to recover damages for something being true about him “. What Is Defamation Between Spouses? The husband shall not be liable for any claim or demands of the children and the wife shall keep the husband indemnified from and against all claims and demands in respect of such children. , that if a statement attacks the judge, it may be libel if he chooses to proceed against the person making the statement. 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.”. someone other than the one about whom the statement is intended to be. The publication can be through different means like newspapers, social media, magazines, radio and all other modes of communication. This news item was negligently published by the newspaper and caused a lot of ridicule at the girl. In India, the judicial proceedings are a matter of public interest. The jury ruled in favor of the princess and awarded her … It is essential to note that as per Section 199(1) of the Code of Criminal Procedure, 1973 unless a person is under the age of 18, any person who is not of sound mind or is suffering from any disease, making it impossible for him to render a complaint, can take the help of another person to file a complaint if he is aggrieved. Protection is provided to case comments of the decisions that have been adjudicated upon confidently. If such proof is absent, the publication of the defamatory statement would not hold the alleged person liable. Defaming a Community in General—Nature of Liability, Defamation Cases—Only Aggrieved Party Can File Complaint. M.C Verghese the court held that the letter from husband to his wife containing defamatory matter concerning the father-in-law will not amount to defamation. It will very much be covered within the scope of privileged communications between husband and wife as laid in section 122 of the Indian Evidence Act 1872. In the United Kingdom in Wason v. Walter in 1868, it was established that: “a faithful and accurate newspaper report of debates in the Legislature, however injurious to the character of individuals, is not treated as a breach of privilege or contempt by the Legislature. However, it is to be noted that mere hasty expression spoken in anger, or vulgar abuse to which no hearer would attribute any set purpose to injure the character would not amount to defaming a person. The standard test of defamation is the reasonable man, the court will decide whether if a statement is defamation or not by seeing with eyes of a reasonable man, The meaning of the offence of defamation consists in its tendency to cause that description of pain which is felt by a person who knows he to be the object of the unfavorable sentiments of his fellow creatures. The society at large must have the opportunity to freely criticising the performances or literary work that is submitted to its judgement. Now due to this B, a resident of xyz has suffered a huge loss. 1) you must record all threats of your wife . Later X is not able to prove the truthness of these allegations and therefore his comment will not amount to fair comment. It further held that a balance must be achieved between the right to freedom of expression and the public interest sought to be protected. So the cause of action is of the present members of the family, who are the plaintiffs.”. Publication of defamatory statement to some person other than the person defamed is a most important aspect for making any person liable, and unless that is done, no action for defamation will lie. Here, it is essential to prove that the person making the statement had knowledge or reason to believe that such a statement would harm the reputation of the complainant. The imputation, for it to be defamatory must attack the method of conducting the affairs of the company, of fraud, mismanagement or its financial position. This essentially means that it must lead to a lower reputation of the person about whom the statement refers to. It is important to understand why defamation is an offence under the Indian Penal Code. Thus, under criminal law, it is an inclusive definition. It states that protection needs to be provided to communications between parties that are acting in good faith, in due course of business. Slander is only a civil wrong. . In the case of Mahendra Ram v. Harnandan prasad the defendant was held liable for sending a defamatory letter to plaintiff written in Urdu knowing that the plaintiff did not knew Urdu and the letter will very likely be read over by another person. Under Indian law, husband and wife constitute one person and therefore any communication between them does not amount to publication and will not fall within the definition of defamation as provided for in Section 499. Illustration- If A, a bank publishes a notice to all its branches to not give the loan to any person from xyz as the people of xyz are more often repeated defaulters. Determining whether an accused can take the plea of good faith is a question of fact and it has to be kept in mind that there must be honesty of purpose on the part of the accused. The court pointed out the importance of freedom of expression in a democracy but also recognized that it comes with certain restrictions, and this right must be exercised within those restrictions of public order, health, security etc. Justice R Basant in the landmark case of. There needs to be an invitation by the author for such criticism by the public. The distinction between English Law and Indian Law. In a leading case of T.J. Ponnen v. M.C Verghese the court held that the letter from husband to his wife containing defamatory matter concerning the father-in-law will not amount to defamation. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband … Hence, such statements shall be defamation. without any proof. There is a defamatory statement regarding the incompetence of a person to the office, profession, trade or business carried on by him, or. For example, If X says that A has been guilty of breach of trust and therefore he is a dishonest man. There is a difference between ‘making’ and ‘publishing’ an imputation. It is to be noted here that mere insult or statements that hurt the feelings of the person to whom they are addressed would not constitute defamation. court held Dr. Swamy to be liable for defaming Mr. Jethmalani by saying that he received money from a banned organization to protect the then CM of Tamil Nadu in the case of the assassination of Rajiv Gandhi. However, it is to be noted that this does not extend to every lineal descendant. Find ways to say ‘I love you’ without saying the actual words. Verghese, the … For example, if A tells B that A is a thief, then A makes an imputation. Under this offence, a prerequisite is to indicate that the person alleged intended that his words be published or be seen/ heard by someone other than the one who they refer to. Since no finding is given on the allegations made by your wife as such it is pre-mature to proceed against your wife. He can here be liable for defaming his colleague. there was a malicious intention while publishing these words. The court, after a year’s argument and observing the past circumstances, took cognisance of the matter and proceeded against the accused wife. The principle established in Wason v. Walter was not applicable in India which was inconsistent and conflicting until the year 1956. Now B can hold A liable for defaming him although the bank did not directly focus on him. Did he conduct any due diligence before making the alleged imputation? But if he publishes the same in a newspaper, the statement shall not be able to take the benefit of this exception. The Supreme Court held in the landmark case of Brahma Prakash Sharma and Ors. who were charged under this offence. Exceptions 8 and 9 of Section 499, Indian Penal Code, 1860. the Supreme Court held that to prove good faith under exception 8 & 9, certain questions can be looked at: What constitutes the offence of defamation with respect to the alleged defamatory statement? 4) you can also file for divorce on grounds of mental cruelty. In the landmark case of Jones v. Hulton, where a defamatory article was published about one Artemis Jones while describing a motor festival. This not only includes libel, which is defamation in written form, but also slander, defamation by spoken word. The statement must concern the person filing the suit for defamation, i.e. provides that a person committing an offense under this section is liable with simple imprisonment for a term of 2 years or fine or with both. The statement needs to be made in good faith. : It is important to note that the proprietor of the newspaper can also be held liable by the principle of vicarious liability. His ex wife got their divorce but she kept on harassing him for more and more money. has held that the collection of persons must be an identifiable body so that one can ascertain and differentiate a group of particular persons from the rest of society. Later the defendants were not able to prove that the facts published by him were true and, therefore he was held liable. The test to check if a particular statement is defamatory or not will depend upon how the right thinking members of society are likely to take it. It will very much be covered within the scope of privileged communications between husband and wife as laid in section 122 of the Indian Evidence Act 1872. Similarly, an individual is ordinarily able to obtain an Annulment if his or her spouse is unable to engage in sexual relations. This news item was negligently published by the newspaper and caused a lot of ridicule at the girl. The Supreme Court in the case of. Under criminal law on the other hand merely proving that the statement was true is not a good defense and besides this, the defendant has to show that it was made for public good also. English Law treats libel, which is defamation through publication in written form as a crime but not slander, which entails defamation through publication in spoken words. If it appears that no prior reasonable or proper enquiry is conducted by the accused, he cannot avail the benefit of this defence. The plaintiff was also one of the person carrying on a similar business, and as a result of this statement his reputation also severely damaged. There are other defences available with respect to this offence. Each require that you convey the remark to a third person. Can i file defamation case and claim damages from wife for false case. Here the latter words are a comment on the former. The main purpose of the law is to eliminate false statements. Based on the SC’s judgment, Kumar filed a complaint for defamation against his wife with the judicial magistrate first class (JMFC), Pune, on January 17, 2015. Under the ninth exception, the presence of the same is required and it is not enough on the part of the accused that he believed the statement to be true. The main dilemma that the offence of defamation deals with, is between the rights protected under. Both are considered as criminal offenses in India. It must be the aim of the maker of the report to represent all information and occurrences precisely how they occurred. Subsequently, she filed a defamation suit as it was contrary to her reputation and was also a false claim. But if A tells B that C is a thief, then A publishes the imputation. The very first essential of the offense of defamation is that the statement must be defamatory i.e. Making a fair comment on matters public interest is a valid defense to an action for defamation. As to your statements to friends and family he would have to prove some form of damages, such as he lost his job. What were the facts and circumstances of the case? Sometimes it may happen that the statement was prima facie innocent but because of some secondary meaning, it may be considered to be defamatory. Hence, as of today, criminal defamation is constitutionally valid under Section 499 and 500 of IPC. Under. If a statement is true concerning any person and it is for the public good that such imputation must be published, then such a statement would not fall within the definition of the offence of defamation under Section 499. He discusses the concept of defamation in detail. Every citizen of the country has a legal right to make true and fair statements on the public servants in the interest of the public. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. The husband shall not be liable for any claim or demands of the children and the wife shall keep the husband indemnified from and against all claims and demands in respect of such children. The initial basis should be breach of contract. When particular words spoken are referred to a group of individuals or a class of persons, then no single person of that group or class can sue unless he proves that the words could reasonably be considered to referring him. Login Alert. The following ingredients need to be fulfilled however for this exception to apply: If a complaint is made to a person in authority, the same cannot fall under the definition of defamation as provided for in section 499. Second Exception: Fair Criticism of Public Servants, It is important to note that this exception cannot be taken by the accused if the imputation which is alleged to be defamatory is made in good faith. Further, mere injury to the feelings of a person doesn’t constitute the offence of defamation. , where a defamatory article was published about one Artemis Jones while describing a motor festival. If a publisher published a faithful and accurate report containing defamatory statements, it amounted to breach of privilege or contempt of legislature in India. Unless this requirement is fulfilled, the said statement cannot be said to constitute defamation. Under criminal law in the UK, only libel is a crime and under the law of torts, slander will be actionable only if: Under the law followed in India, however, unlike English Law does not differentiate between libel and slander, and hence, both are included in Section 499 and constitute the offence of defamation. Defamation refers to a wide term encompassing a legal claim which involves an injury to one’s reputation which is a result of a false statement of fact. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill. It is thus essential that accurate reports of these proceedings are made and excluded from the domain of the offence of defamation. Hence, she filed a suit for defamation and was entitled to damages. who were charged under this offence. As per Section 499 (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. For example- Defaming a person through a representation made in some permanent form like writing, printing etc. Did the accused intend to make the imputation? , held that authorization is required on the part of the secretary by the governor to file a complaint alleging defamation. Now, this statement will amount to defamation as this newspaper will be read by many readers and will surely injure the reputation of B’s company. The third exception to Section 499 states that a fair, honest and true criticism of servants of the public will not create the offence of defamation and in fact succeed the test of fair comment. (Wife Name) his wife (hereinafter called “the wife”) of the OTHER PART. Tort—Defamation—Husband and Wife—Married Women's Property Act, 1882, s. 12 - Volume 4 Issue 2 - J. J. G. W. Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites. But if A did not commit any breach of trust and X still says to him as a dishonest man. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband … degree. A number of states will grant a divorce based on the ground that a husband or wife was denied sex by his or her spouse. 2) file complaint of criminal intimidation against her under section 506 of IPC. Seventh Exception: Censure by One in Authority. Hence, she filed a suit for defamation and was entitled to damages. Defamation laws in many countries also fall under a similar category. There are two different offences, firstly, under, where printing or engraving materials that are defamatory is punishable, and secondly, under. In another recent case of Arun Jaitley v Arvind Kejriwal, the court held the statement said by Arvind Kejriwal and his 5 other leaders to be defamatory. Further, a person cannot take a defense that the statement was not intended to be defamatory, although it caused a feeling of hatred, contempt or dislike. The right of the state to interfere with the marital sexual relationship is limited by the U.S. Constitution as i… The former is an attack on the judge in his personal capacity, while the other leads to a public wrong. The definition in this section is subject to four explanations and ten exceptions which shall be discussed further. The Supreme Court in the case of G. Narsimhan v TV Chokappa has held that the collection of persons must be an identifiable body so that one can ascertain and differentiate a group of particular persons from the rest of society. Defamation is defined in section 499 of Indian Penal Code 1860 and section 500 provides that a person committing an offense under this section is liable with simple imprisonment for a term of 2 years or fine or with both. | Powered by. Unlike English law, Indian law does not make any distinction between libel and slander and both are treated as criminal offenses under. Illustration- If a person wrote that all doctors were thieves, then no particular doctor could sue him unless there was something that pointed out that the person actually intended to defame him individually. The husband more money was challenged in newspaper and caused a lot of ridicule at the girl the. Between parties that are acting in good faith, in the famous case of Jones v. Hulton, where relationship! Letter will very likely be read with oral evidence of witnesses produced by the prosecution contact with such defamatory.... Is of the newspaper and caused a lot of ridicule at the girl a huge loss your wife to a. Not the subject of the person making the statement must be defamatory i.e vicarious liability assertions. If a person offers for sale any defamatory material fact that has to be that... Where a defamatory statement would not be availed since no finding is given on former. 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