Defamation Law In India: Debriefed

Under Indian law, defamation is both a criminal (punishable with imprisonment) as well as civil offence (punishable through the award of damages). Defamation as a civil offence is punishable under the law of torts, whereas, the criminal law on defamation is codified under the Indian Penal Code, 1860 ("IPC").

Deconstructing Indian Defamation Law

1. Section 499 of the IPC

This Section states that:

"Whoever, by words either spoken or intended to be read, or by signs or by visible, representations makes or publishes any imputation concerning any other person intending to harm, or knowing or having reasons to believe that such imputation will harm the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person."