DEFAMATION
Defamation is an offence that arises when false statements are communicated to a third party, causing harm to the reputation of a person, group, or organisation. A person’s reputation is considered an essential part of their dignity, and damaging it—whether through spoken words, written statements, signs, or visual representations—can attract legal consequences.
In India, defamation can be treated as both a civil wrong as well as a criminal offence.
Civil vs. Criminal Defamation
Although both deal with injury to reputation, civil and criminal defamation differ significantly:
1. Purpose of Action
Civil defamation aims to compensate the aggrieved person.
Criminal defamation seeks to punish the offender and deter similar conduct in future.
2. Legal Basis
Civil defamation is governed by tort law and largely depends on judicial decisions.
Criminal defamation is specifically defined under Sections 499 and 500 of the Indian Penal Code (IPC).
3. Burden of Proof
In civil cases, the proof required is based on the preponderance of probabilities.
In criminal cases, it must be proved beyond reasonable doubt.
Civil Defamation
Civil defamation arises from tort law and does not have a statutory definition. It is broadly classified into:
● Libel – defamation in written, printed, or published form.
● Slander – defamation through spoken words or gestures.
A civil suit may be filed in a district court or a high court, depending on the value of compensation sought. The plaintiff may ask the court to:
● Restrain the defendant from further publishing defamatory material.
● Issue an injunction to prevent anticipated defamatory statements.
The primary remedy in civil defamation is monetary compensation for the harm caused.
Criminal Defamation
Criminal defamation is a penal offence defined under the IPC:
● Section 499 IPC: Explains what constitutes defamation. A person commits defamation if they make or publish any spoken/written words, signs, or visible representations with the intent to harm another’s reputation.
● Section 500 IPC: Prescribes punishment—imprisonment up to 2 years, or fine, or both.
Procedure for Filing a Criminal Defamation Case
The proceedings follow the Code of Criminal Procedure (CrPC):
● The offence is non-cognisable and bailable, meaning the police cannot arrest without a warrant.
● The complainant records their statement before a magistrate.
● If the magistrate finds enough grounds, a summons is issued.
● The trial begins only if a prima facie case exists; otherwise, the accused is discharged.
● The offence is compoundable, allowing both parties to settle the matter amicably.
Defences and Exceptions
Certain lawful actions are protected from being considered defamation:
● Truth: A complete defence in civil cases; in criminal cases, it is valid only when the statement is made for the public good.
● Good faith communications: Statements made by persons having legal authority or moral duty, such as a performance report by a superior officer, may be exempt.
● Statements made in good faith for public interest are also protected under the exceptions to Section 499.
Criticisms of Criminal Defamation
While criminal defamation exists to protect reputation, it has been widely debated. Critics argue that:
● It may restrict freedom of speech and expression, a key fundamental right.
● Civil remedies are adequate without imposing criminal penalties.
● At times, criminal defamation cases are used to harass journalists, activists, or critics.
● Because of these concerns, many democracies have abolished criminal defamation laws, or limited their application.
View of the Supreme Court of India
In the landmark Subramanian Swamy vs. Union of India (2016) case, the Supreme Court upheld the constitutionality of criminal defamation.
Key observations of the Court include:
● Criminal defamation does not violate Article 19(1)(a) of the Constitution.
● It is a valid reasonable restriction under Article 19(2).
● Right to reputation is a human right and part of Article 21 (Right to Life and Personal Liberty).
● Freedom of speech cannot be used as a licence to harm another’s dignity.
● Democracy thrives on dissent, but dissent must be exercised with responsibility.
Thus, criminal defamation continues to remain part of Indian law.
Conclusion
Defamation law aims to strike a balance between two important values—freedom of expression and the right to reputation. While individuals have the right to voice their opinions, they must do so responsibly and truthfully. As society becomes increasingly digital and interconnected, understanding defamation—both civil and criminal—becomes essential for responsible communication.
🟦 Do You Know?
● The word “defamation” comes from the Latin term diffamare, which means “to spread evil reports about someone.”
● In many countries, criminal defamation has been abolished, but India continues to retain it as a punishable offence.
● Posting false statements on social media, including WhatsApp, Instagram, or Facebook, can also amount to defamation if it harms someone’s reputation.
● Even a sarcastic cartoon or meme can be considered defamation if it damages a person’s public image.
● Under Section 499 IPC, even the deceased can be defamed if the statement harms the reputation of their family.
● Truth is not always a full defence in criminal defamation— it must also be proved that the statement was made for public good.
● Defamation is one of the few offences in India that is non-cognisable, bailable, and compoundable, meaning parties can settle the matter outside court.
● Companies, organisations, and institutions can also file defamation cases—not just individuals.
● A person can be held liable for defamation even if they merely share or forward a defamatory message.
