Bharatiya Nyaya Sanhita, 2023
356. (1) Whoever, by words either spoken or intended to be read, or
by signs or by visible representations, makes or publishes in any manner,
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.
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.
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 as
disgraceful.
Illustrations.
(a) A says— “Z is an honest man; he never stole B’s watch”; intending
to cause it to be believed that Z did steal B’s watch. This is defamation,
unless it falls within one of the exceptions.
(b) 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.
Exception 1. —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 of fact.
Exception 2. —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.
Exception 3. —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 a requisition for a meeting on a public question, in presiding or
attending at 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.
Exception 4.–It is not defamation to publish substantially true report
of the proceedings of a Court, or of the result of any such proceedings.
Explanation.—A Magistrate or other officer holding an inquiry in open
Court preliminary to a trial in a Court, is a Court within the meaning of the
above section.
Exception 5.—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, 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 no further.
Illustrations.
(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 this in
good faith, in as much 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 I know him to be a man without veracity”; A is not within this
exception, in as much as the opinion which expresses of Z’s character, is
an opinion not founded on Z’s conduct as a witness.
Exception 6.—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 the exception, if he says this in good faith, in as much 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, in as much as the opinion which he expresses of Z’s character is
an opinion not founded on Z’s book.
Exception 7.—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 his orders, a parent censuring in good faith a child in the presence
of other children; a school master, whose authority is derived from a
parent, censuring in good faith a pupil in the presence of other pupils; a
master censuring a servant in good faith for remissness 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.
Exception 8.—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, to Z’s father, A is within this exception.
Exception 9.— 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 interests 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 to his own superior officer,
casts an imputation on the character of Z. Here, if the imputation is made
in good faith, and for the public good, A is within the exception.
Exception 10.— 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.
(2) Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or
with both, or with community service.
(3) Whoever prints or engraves any matter, knowing or having good
reason to believe 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.
(4) 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.
Of breach of contract to attend on and supply wants of
helpless person
Breach of contract to attend on and supply wants of helpless
person.