Critical Analysis Of Defamation Jurisprudence In India

Tanak Lilothia, Vivekananda Institute of Professional Studies, Affiliated with Guru Gobind Singh Indraprastha University (GGSIPU)

ABSTRACT

Defamation according to law is, causing harm to someone’s reputations by fake allegations against that person. It is a statement that injures a person’s reputation. Defamation is covered by tort law in civil law and it is covered under section 499 to 502 of the Indian Penal Code, 1860. It is a punishable offence up to two years in jail or fine under section 502 of the Indian Penal Code. Any false intentional communication it can be either written or spoken that harms a person’s reputation, decreases the respect, confidence and regard. Every individual has a right to possess a flawless reputation and a good, prestigious name which shall be recognized in the society. Reputation is also based on the thoughts and opinions of what other person talks about such individual, and if a person intentionally makes a false statement which results in disregard and harm’s a person’s reputation then the person against whom the statement is made can file a case under defamation. Defamation comes under both Criminal wrong and Civil wrong. Also, legality of defamation is a great topic of discussion as in India it is criminalized in the Indian Penal Code and Constitution. We will discuss further about it in detail with certain case laws.