What is Section 499 IPC? Defamation
Published on: Lawiz Team
Learn about Section 499 IPC: Meaning, scope, punishment, examples.
Official Legal Text
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 person’s 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 disgraceful.
Exceptions:
First Exception: 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. The question whether or not it is for the public good is a question of fact.
Second Exception: It is not defamation to express in 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: 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: 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.
Fifth Exception: 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: 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.
Seventh Exception: 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.
Eighth Exception: 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: It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
Tenth Exception: It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for 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.
What This IPC Section Means – Explained in Simple Words
Section 499 defines defamation as any spoken or written words, or visible representations, made to harm the reputation of a person.
Purpose
To protect individuals from false or malicious statements that harm their reputation.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section defines 'Defamation').
Key Elements
1. The statement must be made to a third person. 2. It must be false. 3. It must harm the reputation of the person it is about.
Exceptions
Section 499 also lists 10 exceptions where statements are not considered defamatory, such as fair criticism of public conduct, truthful reports, etc.
Illustrative Example
If a person falsely accuses another of theft in a newspaper, it is defamation under Section 499.
Legal Defenses
If the accused can prove that the statement was true and made in public interest, they may be acquitted.
Related Sections
Related to Section 500 (Punishment for defamation) and Section 501 (Printing defamatory matter).
Important Note
This section protects the reputation of individuals from false and malicious attacks.
FAQs
What does Section 499 IPC define?
Defamation.
How is 'Defamation' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 499 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 499?
Examples include real-life cases involving defamation.
Is Section 499 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 499 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 499 significant?
It holds importance in the framework of criminal law.