CHAPTER XXI
OF DEFAMATION
499. Defamation: 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
Proviso: [Omitted by the Criminal Law (Amendment) Act JV of 1986.]
Explanation 1: It may amount to defamation to impute anything to a deceased person, if
the jmputator 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.
Explanation 2: It may amount to defamation to make an imputation concerning a company
or an association or collection of persons as such.
Explanation 3: An imputation in the form of an alternative or expressed ironically, may
amount to defamation.
Explanation 4: No imputation is said to harm a person's reputation, unless that imputation
directly or indirectly, in the estimation of others, lowers the moral or intellectual character
of that person, or lowers the character of that person in respect of his caste or of his
calling or lowers the credit of that person, or causes it to be believed that the body of that
person is in a loathsome state, or in a state generally considered a disgraceful.
Illustration
(a) A says: Z is an honest man, he never state B's watch, intending to cause it to be
believed that Z did steal 6's watch., This is defamation, unless it fall within one of the
exceptions.
(£)) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that
Z stole B's watch. This is defamation unless it falls within one of the exceptions.
(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z
stole B's watch. This is defamation, unless it falls within one of the exceptions.
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. Whether or not it
is for the public good is a question off act.
Second Exception on Public conduct of public servants: It is not defamation to
express in good faith any opinion whatever respecting the conduct of a public servant in
the discharge of his public functions, or respecting his character, so far as his character
appears in that conduct, and no further.
Third Exception-Conduct of any person touching any public question : It is not
defamation to express in good faith any opinion whatever respecting the conduct of any
person touching any public question, and. respecting his character, so far as his character
appears in that conduct, and no further.
Illustration
It is not defamation in A to express in good faith any opinion whatever respecting Z's
conduct in petitioning Government on a public question, in signing requisition for a
meeting on a public question, in presiding or attending as such meeting, in forming or
joining any society which invites the public support, in voting or canvassing for a particular
candidate for any situation in the efficient discharge of the duties of which the public is
interested.
Fourth Exception Publication of reports of proceedings of Courts: It is not
defamation to public a substantially true report of the proceedings of a Court of Justice, or
of the result of any such proceedings.
Explanation: Justice of the peace or other officer holding an enquiry in open Court
preliminary to a trial in a Court of Justice is a Court within the meaning of the above
section.
Fifth Exception -Merits of case decided in Court or conduct of witnesses and other
concerned: It is not defamation to express in good faith any opinion whatever respecting
the merits of any case, civil or criminal, which has been decided by a Court of Justice, or
respecting the conduct of any person as a party, witness or agent, in any such case, or
respecting the character of such person, as far as his character appears in that conduct,
and not further.
Illustration
(a) A says: "I think Z's evidence on that trial is so contradictory that he must be stupid or
dishonest," A is within this exception if he says that in good faith, inasmuch as the opinion
which he expresses respects Z's character as it appears in Z's conduct as a witness, and
no further.
(b) But if A says: "I do not believe what Z asserted at that trial because ! know him to be a
man without veracity." A is not within this exception, inasmuch as the opinion which he
expresses of Z's character, is an opinion not founded on Z's conduct as a witness.

Sixth Exception -Merits of public performance: It is not defamation to express in good
faith any opinion respecting the merits of any performance which its author has submitted
to the judgment of the public, or respecting the character of the author so far as his
character appears in such performance, and no further.
Explanation: A performance may be submitted 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.
Illustrations
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the
public,
(c) An actor or singer who appears on a public stage, submits his acting or singing to the
judgment of the public.
(d) A says of a book published by Z. "Z's book is foolish; Z must be a weak man. Z's book
is indecent; Z must be a man of impure mind." A is within this exception, if he says this in
good faith, Inasmuch as the opinion which he expresses of Z respects Z's character only
so far as it appears in Z's book, and no further.
(e) But if A says: I am not surprised that Z's book is foolish and indecent, for he is a weak
man and a libertine. A is not within this exception, inasmuch as the opinion which he
expresses of Z's character is an opinion not founded on Z's book.
Seventh Exception -Censure passed in good faith by person having lawful authority
over another: It is not defamation in a person having over another any authority, either
conferred by law or arising out of a lawful contract made with that other, to pass in good
faith any censure on the conduct of that other in matters to which such lawful authority
relates.
Illustration
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a
head of a department censuring in good faith those who are under this orders; a parent
censuring in good faith a child in the presence of other children; a schoolmaster, whose
authority is derived from a parent, censuring in good faith a pupil in service;' a banker
censuring in good faith, the cashier of his bank for the conduct of such cashier as such
cashier are within this exception,
Eight Exception -Accusation preferred in good faith to authorised person : It is not
defamation to prefer in good faith an accusation against any person to any of those who
have lawful authority over that person with respect to the subject matter of accusation.
Illustration

If A in good faith accuses Z before a Magistrate; if A in good faith complains of the
conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z, a
child-Z's father A is within this exception.
Ninth Exception- Imputation made in good faith by person for protection of his or
other's interest: It is not defamation to make an imputation on the character of another
provided that the imputation be made in good faith for the protection of the interest of the
person making it, or of any other person, or for the public good.
Illustrations
(a) A, a shopkeeper, says to B, who manages his business—"Sell nothing to Z unless he
pays you ready money, for I have no opinion of his honesty." A is within the exception, if
he has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on
the character of Z. Here, if the imputation is made in good faith, and for the good, A is
within the exception.
Tenth Exception -Caution intended for good of person to whom conveyed or for
public good: It is not defamation to convey a caution, in good faith, to one person against
another, provided that such caution be intended for the good of the person to whom it is
conveyed, or of some person in whom that person is interested, or for the public good.
500. Punishment for defamation: Whoever defames another shall be punished with
simple imprisonment for a term which may extend to two years, or with fine, or with both:
501. Printing or engraving matter known to be defamatory: Whoever prints or
engraves any matter, knowing or having good reason to relieve that such matter is
defamatory of any person, shall be punished with simple imprisonment for a term which
may extend to two years, or with fine, or with both.
502. Sale of printed or engraved substance containing defamatory matter : Whoever
sells or offers for sale any printed or engraved substance containing defamatory matter
knowing that it contains such matter, shall be punished with simple imprisonment for a
term which may extend to two years, or with fine, or with both.