The crime of defamation

The offense of defamation is codified in §§ 499-501 of the Indian Penal Code.[1] Defamation consists in causing intentional damage to another person’s reputation.[2] An imputation is said to harm another’s reputation if it lowers the moral or intellectual character in the estimation of others, or causes it to be believed that that person is in a loathsome state or generally considered disgraceful.[3] Although there are several exceptions which allow for good faith expressions, matters in the public good, conduct of public servants or that touching on any public question, publication of court reports and similar categorical exceptions, the facts of the instant case do not meet any of the ten exceptions.[4]


[1] IPC § 501. This specific section covers producing printed or engraved material known to be defamatory which under a reasonable reading of the IPC would include photographs and video, even of a digital format.

[2] IPC § 499.

[3] Id. Explanation 4.

[4] IPC § 499; see also Justice M.R. Mallick, Criminal Manual (Criminal Major Acts) Indian Penal Code (45 of 1860), pp. 231-34 (2009).

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

 
  • RSS Women’s Rights News

    • ILO: New Treaty to Protect Workers from Violence, Harassment
      Expand The ILO Committee making up governments, employers, and workers, following the adoption of the ILO Violence and Harassment Convention and Recommendation 2019, ILO, Geneva.  © International Labour Organization (Geneva) – The adoption of a ground-breaking global treaty on June 21, 2019 by the International Labour Organization (ILO) will improve protecti […]
    • 'Every Year, I Give Birth': Why War is Driving a Contraception Crisis in Sudan
      Under a huge baobab tree in Sudan’s Nuba mountains, I met Sebila, a 27-year-old mother of three. In March last year, her village had been attacked by Sudanese ground troops and bombed by government war planes. The assault forced Sebila and many other villagers to flee deeper into rebel-held territory. She was just back in the village for the day with her chi […]
    • “Our Rights are Fundamental to Peace”
      Expand Sarah Jamal Ahmed, a 24-year-old sociologist who was one of the activists during the 2011 uprising in Sanaa, stands by posters of dead protesters posted in the streets. © 2012 Panos/Abbie Trayler-Smith The revolution made us proud to be there on the front line and men were forced to accept us. But now there are some who think it is time for women to g […]
    • Liesl Gerntholtz
      Liesl Gerntholtz is the executive director of the women's rights division. She is an expert on women's rights in Africa and has worked and written extensively on violence against women and HIV/AIDS in Southern Africa. Her work at Human Rights Watch has included documenting access to safe and legal abortion in Ireland and sexual and gender-based vio […]
    • Indonesia Begins to Roll Back Degrading Virginity Tests
      Indonesia said it will stop administering “virginity tests” to female aspiring civil servants as part of its admission process. The country’s Home Affairs Minister Tjahjo Kumolo announced this change—which will affect women working in government offices—on the heels of Human Rights Watch research that documented this degrading practice in the admission proce […]