Defamation under IPC (Section 499-502)

 Section 499: Defamation (मानहानि) Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation (आरोप) concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation (प्रतिष्ठा) of such person, is said to defame that person, except in the cases hereinafter expected.

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 a collection of persons as such.

Explanation 3: An imputation in the form of an alternative or expressed ironically (विडंबना) 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.

Section 500: Punishment for Defamation (मानहानि के लिए दंड) Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Section 501: Printing or Engraving Matter Known to be Defamatory (मानहानिक सामग्री का मुद्रण या उत्कीर्णन) Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Section 502: Sale of Printed or Engraved Substance Containing Defamatory Matter (मानहानिक सामग्री की बिक्री) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

A leading case on defamation under Sections 499-502 of the Indian Penal Code (IPC) is "Subramanian Swamy v. Union of India" (2016 SCC Online SC 1238).

Case Law: Subramanian Swamy v. Union of India (2016 SCC Online SC 1238)

Case Summary:

Facts (तथ्य): In this case, the petitioner, Subramanian Swamy, challenged the constitutionality of certain provisions related to defamation under the IPC, arguing that they infringed upon freedom of speech and expression (अभिव्यक्ति की स्वतंत्रता) guaranteed by the Constitution of India. The petitioner specifically focused on the penal provisions for defamation, claiming they were excessively broad and violated fundamental rights.

Judgment (निर्णय): The Supreme Court (सुप्रीम कोर्ट) upheld the constitutionality of the defamation provisions under Sections 499-502 of the IPC. The Court recognized defamation (मानहानि) as a legitimate restriction on free speech (स्वतंत्र अभिव्यक्ति) when it harms the reputation (प्रतिष्ठा) of an individual unjustly. The judgment affirmed that while freedom of speech is fundamental, it does not extend to harming another's reputation without justification.

The Court emphasized that defamation provisions are in place to protect individuals from unwarranted harm to their reputation and to balance this protection against the right to free speech. The provisions were deemed to serve a legitimate purpose and were not found to be in violation of constitutional rights.

Importance (महत्व): This case is significant as it reaffirms the balance between the right to freedom of speech and the protection of individual reputation. It clarifies that while free speech is a fundamental right, it is not absolute and must be exercised with respect for others' reputations. The ruling underscores the importance of defamation laws in maintaining this balance and protecting individuals from unjust harm to their reputations.