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AS A T O R T AN D AS A C R I M E
CONTENTS
Introduction Definitions Essentials of Defamation Libel and Slander Comparison of Defamation as a Tort and as a Crime Consequences of Civil and Criminal Defamation Conclusion
INTRODUCTION
Persons right to reputation. Loss of reputation is a bigger injury than loss of property or pecuniary interests In India Civil defamation has been more litigated than other Torts
DEFINITIONS
Publication of a statement which reflects on a persons reputation and tends to lower him in the estimation of right thinking members of the society generally or tends to make them or shun or avoid them 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, of defame that person. - IPC
ESSENTIALS OF DEFAMATION
Making or publishing of an imputation concerning a person Such imputation should have been made in such a way to communicate by representations. Publish here, means communication of the defamatory statement that might be read or heard by a third party apart from whom it was actually intended for Imputation Accusation which is something more than an expression of suspicion.(Eg., calling a man a drunkard, a woman to be of dubious character, etc) The words alleged to be defamatory must relate to a person or persons whose identity can be established
INNUENDO
An innuendo is also penalized Innuendo is an indirect remark that might be considered to be connected to a certain person and which might be taken to be defamatory Sumatibai v. Nandkumar Deshpande, in which a newspaper article about KG kids required to by bowls, but not given to them at the end of schooling. Sumatibai was the only person who knew of the bowls newspaper indirectly remarked that he/she was corrupt. Held it to be defamatory
REQUIREMENTS
Any defamatory statement in question is assumed to be malicious, unless proven otherwise. The mere publication of a defamatory statement, it is assumed that the malice is implied The lack of intention is no defense in defamation Any defamatory statement that hurts the profession or calling of a person is actionable. Test of Defamation: Statement is defamatory is decided from the point of view of ordinary, just and reasonable people.
CONSEQUENCES
A party aggrieved by Defamation can file a complaint under Sec. 500 of the IPC. Aggrieved party can also choose to go ahead with a Civil Suit on defamation In a criminal trial, the results would be completely penal in nature and there is no scope for compensation. And maximum punishment is two years of simple imprisonment While in Torts, the amount of compensation has seen to be varied. From token to exorbitant. Also considered: Kinds of words/gestures, public standing of plaintiff, etc But a successful suit will only result in compensatory consequences and not penal.
CONCLUSION
While differences exist between Tortious Defamation and Criminal Defamation, they are, essentially the same. Difference is basically between the procedures followed and the consequences Amount of importance given to reputation and honor is huge As such, requirement of codification of civil defamation is required Wherein guidelines on burden of proof, damages, etc should be legislated