Introduction
Defamation occurs when someone intentionally makes false statements or representations that harm the reputation of another person. In this article, we will focus on defamation law in light of Bharatiya Nyaya Sanhita, 2023 (BNS)
A Brief History on Defamation:
Defamation laws have ancient roots, emphasizing the preservation of an individual's honor and reputation. In India, these laws were shaped by common law principles inherited during British colonial rule. The IPC, enacted in 1860, codified various criminal offenses, including defamation, in Sections 499, 500, 501, and 502.
Ingredients of Defamation:
To establish defamation under the Bharatiya Nyaya Sanhita, 2023 (BNS), several essential elements must be fulfilled:
1. False Statement: The statement must be false, not based on truth or reality.
2. Harm to Reputation: The false statement should have the potential to harm the individual's reputation in social, professional, or personal spheres.
3. Publication: The false statement must be communicated to at least one person other than the speaker and the defamed individual.
4. Intent or Knowledge: The person making the false statement must have the intention to harm or the knowledge that it is false and likely to harm the reputation.
Types of Defamation:
1. Libel: Involves false and defamatory statements expressed in writing, print, or visible forms, with lasting effects.
Illustration: Defamatory comments about a person on social media.
2. Slander: Involves spoken defamatory statements or gestures.
Illustration: Spreading false rumors about someone at a public gathering.
Important Case Laws on Defamation:
1. Chaman Lal v. State of Punjab (1970):
- This case established criteria for proving good faith in defamation cases.
- Absence of malice, inquiry, care and caution, and preponderance of probability can be the criteria to establish good faith in defamation cases.
2. Subramanian Swamy v. Union of India, Min. of Law (2016):
- In this case, the constitutional validity of defamation under Sections 499 and 500 IPC was challenged.
- The Supreme Court upheld the validity, emphasizing the fundamental right to protect reputation within reasonable restrictions.
Defamation under Bharatiya Nyaya Sanhita, 2023 (BNS)
1. Definition of Defamation
According to Section 356 (1) of BNS, defamation includes making or publishing imputations, whether spoken, written, or through visible representations, with the intent to harm a person's reputation or with knowledge that it will cause harm.
2. Explanations
Explanation 1 specifies that imputations about a deceased person can be defamation if they would harm the reputation if the person were alive.
Explanation 2 extends defamation to imputations concerning companies or associations.
Explanation 3 notes that imputations expressed ironically or in alternative forms may still constitute defamation.
Explanation 4 establishes the criteria for imputations to be considered defamatory, including lowering moral or intellectual character, caste, calling, credit, or suggesting a loathsome state.
3. Exceptions to Defamation
Section 356 of BNS provides several exceptions to defamation:
a. Public Good
Exception 1 states that imputations, even if true, are not defamation if made for the public good.
b. Opinion on Public Servants and Public Questions
Exceptions 2 and 3 protect expressions of opinion about public servants or on public questions made in good faith.
c. Reports of Court Proceedings
Exception 4 exempts substantially true reports of court proceedings from being defamation.
d. Opinion on Case Outcomes
Exception 5 protects opinions expressed in good faith about the merits of decided cases.
e. Opinion on Performances
Exception 6 allows opinions on the merits of performances submitted to the judgment of the public.
f. Censure by Authorities
Exceptions 7 and 8 protect censures by authorities or accusations made in good faith.
g. Protection of Interests
Exception 9 allows imputations made in good faith for the protection of interests.
h. Cautionary Statements
Exception 10 exempts cautionary statements made in good faith for the good of the person to whom it is conveyed.
4. Penalties for Defamation
Sections 356 (2), (3), and (4) of BNS outline the penalties for defamation, including imprisonment, fines, or community service.
In conclusion, Section 356 of The Bharatiya Nyaya Sanhita strikes a balance between protecting individuals from false imputations while allowing for the expression of opinions and information in the interest of public good and justice.
Frequently Asked Questions (FAQs) on defamation under Bharatiya Nyaya Sanhita, 2023 (BNS)
Q1: What is defamation under Bharatiya Nyaya Sanhita, 2023 (BNS)?
A1: Defamation under BNS, as outlined in Section 356, occurs when false statements are made or published, with the intent to harm a person's reputation or with knowledge that it will cause harm.
Q2: How does BNS define defamation concerning deceased persons?
A2: Explanation 1 specifies that imputations about a deceased person can be defamation if they would harm the reputation if the person were alive and intended to be hurtful to their family or near relatives.
Q3: Are there exceptions to defamation under BNS?
A3: Yes, Section 356 provides exceptions, including cases for public good, opinions on public servants or public questions, reports of court proceedings, opinions on case outcomes, opinions on performances, censure by authorities, protection of interests, and cautionary statements.
Q4: What are the penalties for defamation under BNS?
A4: Penalties, as per Sections 356 (2), (3), and (4) of BNS, may include imprisonment, fines, or community service.
Q5: How does BNS handle opinions expressed in good faith?
A5: BNS acknowledges exceptions for opinions expressed in good faith, such as opinions about public servants, public questions, case outcomes, performances, censures by authorities, protection of interests, and cautionary statements.
Q6: How does BNS address defamation related to companies or associations?
A6: Explanation 2 extends defamation under BNS to imputations concerning companies or associations.
Q7: Can truthful imputations be considered defamation under BNS?
A7: Exception 1 of BNS states that truthful imputations are not defamation if made for the public good.
Q8: How does BNS treat opinions on public servants or public questions?
A8: Exceptions 2 and 3 of BNS protect expressions of opinion on public servants or public questions made in good faith.
Defamation under BNS (Bharatiya Nyaya Sanhita)
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