Section 499 IPC
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IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRMC No. 29/2019 (CRM (M) No. 29/2019
CrlM No. 230/2019 (01/2019) CrlM No. 635/2022
Reserved on: 13-02-2023
Pronounced on: 07 -04-2023
Sheikh Khalid Jehangir Petitioner(s)
Through: Mr. Mohsin Qadri, Sr. AAG with
Ms. Mehreen, Adv.
Vs.
Nayeem Akhter ...Respondent(s)
Through: None
CORAM:
HONBLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
6. Before proceeding further in the matter a reference to the Provisions
of Section 499 RPC also becomes imperative hereunder:-
499. Defamation.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.
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 persons 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 disgrace-ful.
First ExceptionImputation of truth which public good requires to be
made or published.It is not defamation to impute anything which is true
concerning any person, if it be for the public good that the imputation should be
made or published. Whether or not it is for the public good is a question of fact.
Second ExceptionPublic conduct of public servants.It is not
defamation to express in a good faith any opinion whatever respecting the
conduct of a public servant in the discharge of his public functions, or
respecting his character, so far as his character appears in that conduct, and no
further.
Third Exception Conduct of any person touching any public question
It is not defamation to express in good faith any opinion whatever respecting the
conduct of any person touching any public question, and respecting his
character, so far as his character appears in that conduct, and no further.
Fourth Exception Publication of reports of proceedings of Courts It
is not defamation to publish a substantially true report of the proceedings of a
Court of Justice, or of the result of any such proceedings.
Explanation A Justice of the Peace or other officer holding an enquiry
in open Court preliminary to a trial in a Court of Justice, is a Court within the
meaning of the above section.
Fifth Exception Merits of case decided in Court or conduct of
witnesses and others concerned It is not defamation to express in good faith
any opinion whatever respecting the merits of any case, civil or criminal, which
has been decided by a Court of Justice, or respecting the conduct of any person as
a party, witness or agent in any such case, or respecting the character of such
person, as far as his character appears in that conduct, and no further.
Sixth Exception Merits of public performance It is not defamation to
express in good faith any opinion respecting the merits of any performance which
its author has submitted to the judgment of the public, or respecting the character
of the author so far as his character appears in such performance, and no further.
Explanation A performance may be submitted to the judgment of the
public expressly or by acts on the part of the author which imply such submission
to the judgment of the public.
Seventh Exception Censure passed in good faith by person having
lawful authority over another It is not defamation in a person having over
another any authority, either conferred by law or arising out of a lawful contract
made with that other, to pass in good faith any censure on the conduct of that
other in matters to which such lawful authority relates.
Eight Exception Accusation preferred in good faith to authorized
person It is not defamation to prefer in good faith an accusation against any
person to any of those who have lawful authority over that person with respect to
the subject-matter of accusation.
Ninth Exception Imputation made in good faith by person for
protection of his or other interest It is not defamation to make an imputation on
the character of another, provided that the imputation be made in good faith for
the projection of the interest of the person making it, or of any other person, or
for the public good.
Tenth Exception Caution intended for good of person to whom
conveyed or for public good It is not defamation to convey a caution, in good
faith, to one person against another; provided that such caution be intended of the
good of the person to whom it is conveyed, or of some person in whom that person
is interested or for the public good.
A composite reading of aforesaid provisions would reveal that
the same brings under the criminal law the person who publishes as
well as the person who makes defamatory imputations.
Therefore, in brief, the essentials of defamation are firstly the
words must be defamatory, secondly they must refer to the
aggrieved party and thirdly they must be maliciously published.
The Explanations appended to the Section amplify the scope of the
Section whereas the Exceptions take certain things out of the
application of the Section.
Thus, in order to constitute an offence of defamation, the
essential ingredient is to make an imputation concerning any person
with intention to harm or with a knowledge or reason that such
imputation will harm the reputation of the said person and an
imputation without an intention to harm or without knowledge or
having reason to believe that it will harm the reputation of such person
will not constitute an offence of defamation.