DEFAMATION

A Project Proposal Made By

Name- Khushbu Kumari

Roll No- 1533

Class- B.A. LLB

Submitted to – Dr. FR. PETER LADIS F

Project Proposal Made in Partial Fulfilment of Criminal Law- I

7th, September 2017

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

1. INTRODUCTION

The Indian framework allows for Defamation to be both a civil wrong and a criminal offence.
The distinction is mainly with respect to the object sought to be achieved. Under civil law
proceedings, the person is liable to be compensated in the form of damages, for the wrong.
The essentials to be proved for a civil wrong of defamation are that, the statement should be
(i) false; (ii) defamatory, and (iii) published. The claimant can move either the high court or
trial court. An important consideration in the civil action for defamation is that intention or
motive does not need to be attributed to the offender. Though, the remedy sought is covered
under the Law of Torts, the course of relief is rare and slow.

2. OBJECTIVES OF THE STUDY

The researcher will examine the following questions:-

1. What is Defamation?

2. What is Civil and Criminal Defamation Law in India?

3. What are the exception of Defamation?

3. HYPOTHESIS

Under Indian Penal Code, defamation has been made an offence without any reference to its
tendency to cause acts of illegal violence. Mental suffering caused to the person defamed is
the gist of this offence. In English Law, a distinction has been maintained between libel and
slander, but under Indian law no such distinction has been recognised.

4. RESEARCH METHODOLOGY

The researcher will be focussing on doctrinal methodology of research only.

5. SOURCES OF DATA

The researcher will rely upon both primary and secondary sources of data. The primary
sources include cases while the secondary sources include books.
6. STYLE OF WRITING

The researcher will be using both descriptive and analytical styles of writing.

7. MODE OF CITATION

The researcher will be using a uniform mode of citation throughout this paper.

8. SCOPE AND LIMITATIONS OF THE STUDY

Though the researcher will try her level best not to leave any stone unturned in doing this
project work to highlight various aspects relating to the topic, but the topic is so dynamic
field of law, the researcher will sight with some of unavoidable limitations. The limitations
encountered by the researcher were the paucity of time.

9. TENTATIVE CHAPTERISATION

1. Defamation

2. Defamation in Civil Law

3. Defamation in Criminal Law

4. Defamation as a Tort

5. Conclusion

6. Criticism and suggestion

BIBLIOGRAPHY

 Prof. S.N. Mishra, Indian Penal Code, Central Law Publication

 Ratanlal Dhirajlal, Indian Penal Code, Student Edition