Section 499. Section 499 and 500 of IPC 2022-11-01
Section 499 Rating:
9,9/10
144
reviews
I. Introduction
Brief overview of The Catcher in the Rye by J.D. Salinger
Introduction of main character, Holden Caulfield
Themes to be discussed in the essay
II. Holden's Disenchantment with the World
Holden's dissatisfaction with his school and peers
His distaste for phoniness and superficiality
His struggle to find genuine connections
III. The Loss of Innocence
Holden's fear of growing up and losing his innocence
The death of his brother Allie and its impact on Holden
The motif of childhood innocence throughout the novel
IV. Holden's Relationships
His strained relationship with his parents and family
His brief encounters with various characters and their influence on him
The importance of his relationship with his little sister Phoebe
V. Conclusion
Recap of Holden's journey and character development
The enduring themes of The Catcher in the Rye and their relevance today
The lasting impact of the novel on literature and popular culture.
Section 499 and 500 of IPC
According to Section 499 of IPC, 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 excepted, to defame that person. The court ruled out that the editor was not responsible as he was absent with no bad intentions. Whether or not it is for the public good is and shall also be liable to fine a question of fact. What does it mean? Explanation- A performance may be substituted 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. In Indian law, both slander and libel are recognized as criminal offenses under Section 499 of IPC. This is defamation unless it falls within one of the exceptions. Fourth Exception: Report of proceedings of Courts of justice If any proceedings of the court or the result of any case given by the court are published then that will not amount to defamation.
The use of any materials or services or software is not a substitute for legal advice. The conference passed a number of resolutions. 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 and shall also be liable to fine of such person, is said, except in the cases hereinafter excepted, to defame that person. 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. After which Ms Jayalalithaa filed a defamation case against Dr Subramanian. The court held that this was under Section 122 of the Indian Evidence Act 1872.
Judgements on Section 499 in The Indian Penal Code
The High Court, however, held that the respondent was a member of the Dravida Kazhagam which was an identifiable group, and was, therefore, a person aggrieved within the meaning of s. Later on, it was changed when Article 361A was introduced by the 44th Amendment Act, in the year 1978. The Sufferer or the person who got defamed is offered a legal remedy in both civil as well as criminal. For the offence wherein corporal punishment is prescribed, an artificial body like a company can be prosecuted but it can only be punished with a fine. Under Section 499, defaming of any person by innuendo is a form of criminal defamation. Thus, innuendo is a clever way to speak negative sentences in a very sarcastic way, which may appear to be positive at the surface of it. This right of reputation is acknowledged as an inherent personal right of each and every person as part of the right of personal security under article 21 of the Constitution of India and also considered as one of the most important natural rights.
He moved to the High Court contending that under Section 7 of the Press and Registration of Books Act, 1867, only the editor can be held liable and not the chief editor of the newspaper. Otherwise, it will be considered as an offense of defamation. First Exception- Imputation 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. Legodesk Legodesk is not a law firm and does not provide legal advice. Fourth ExceptionâIt is not defamation to publish a substantially true report of the proceedings of a Court, or of any Legislative Assembly, or of the result of any such proceedings. In English law, there is a distinction made between both of the forms under the categories of criminal defamation and civil defamation. Illustration If Ramesh mentions that the particular officer Z is very bad at his job, then this is not defamation under the following exception.
Section 499 of IPC: Definition of offence of criinal defamation
The Court observed that a large body of persons, the numerical strength of which is not known, nor could it be computed with any amount of precision, it cannot be said that each and every member of that group of persons constituting, such as a political party, each member of that party can be said to be defamed if the political group is imputed with any libelous imputation. When the explanation speaks about the collection of persons as capable of being defamed, such collection of persons must be a definite and a determinate body so that the imputations in question can be said to relate to its individual members or components. 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. The complainant must be a member of the family of the dead person or other near relatives. Slander- it is a kind of defamation that is present in an unwritten form such as spoken words, gestures or representation made with hands.
Defamation: Section 499 to 502 of the Indian Penal Code
This is defamation unless it falls within one of the exceptions. Also, Defamation, in the right to freedom of speech and expression guaranteed under Article 19 1 a is subject to reasonable restrictions. According to this explanation, if a company or collection or association of persons as such is defamed, one of their members may make a complaint on behalf of the company or collection or association or company as such. It is a procedure to ensure that nobody harms the reputation of any person or tend to create a wrong opinion of the person who is defamed, in the eyes of the public. State of Andhra Pradesh, 1997 7 Supreme Today 127. . Priya Parameshwaran Pillai v.
This is defamation unless it fall within one of the exceptions. Intention to Injure There has to be a knowledge or reason to believe that the act will certainly cause the defamation of the character of the person. Exceptions to Section 499: First Exception: Imputation 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. ILLUSTRATIONS a A person who publishes a book, submits that book to the judgment of the public. Here, if the imputation is made in good faith and for the public good, A is within the exception.
Further, it is provided that it should be made in good faith. The offence under Section 501 is non-cognizable, bailable, and non-compoundable and triable by Magistrate of the First Class. In proving the existence of circumstances as a defence under the 2nd, 3rd, 5th, 6th, 7th, 8th, 9th, or 10th exception, good faith shall be presumed unless the contrary appears. This is defamation, unless it fall within one of the exceptions. To win a defamation lawsuit, the defendant should prove that he had honest intentions and no malice, and it was just an honest mistake.
Every person has a right to have his reputation preserved free from the violation. Explanation 3: Imputation in the form of an alternative or expressed ironically may amount to defamation. Under Section 499, defaming any person by innuendo is a form of criminal defamation. Kumari Manjulata In this case, it was published in a newspaper that Manjulata, a 17-year-old girl belonging to a well-known family, eloped with a boy who lived closeby. In the last article, we have studied the concept of criminal defamation. Persons representing a company may commit offences punishable under provisions of the IPC in the name of the company itself. Innuendo is a clever way to speak negative sentences in a very sarcastic way, which may appear to be positive at the surface of it.
Explanation 2 It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. If Suresh criticizes that particular officer A is not doing his work properly, then this statement will not be considered as defamation. Things to be noted here is, first, the information should compulsorily be true. Subramaniam Swamy alleged corruption charges on Ms. The owner, editor, and publisher, all of them in the line, are responsible if any news which defames anyone is published to any third person. Union of India In the year 2014, Dr.
