SUIT FOR DAMAGES: DEFAMATION

Offence of Defamation : Meaning

The offence of defamation is defined in Section 499 of Indian Penal Code, 1860, which provides 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 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 expected, to defame that person. There are four explanations and ten exceptions to
this provision in Section 499. In short, after reading whole of the Section, it can be said that
defamation means a publication of a false statement about a man to discredit him without any legal
justification or excuse there for.
It is to be borne in mind that the question of defamation is primarily linked up with one's reputation
that one commands amongst one's fellow being and it is the infringement of this right to have one's
reputation preserved in fact that gives the cause of action for defamation. Defamation is publication of
a statement which tends to lower a person in estimation of right thinking members of the society
generally or which makes them shun or avoid that person. The plaintiff has therefore to establish if he
wants to succeed in getting damages (1) that the words or the acts must have been published
maliciously, (2) that they are defamatory, (3) that they have references to the plaintiff, and (4) that
they have been published.

Test of Defamation
Under law of defamation, the test of defamatory nature of a statement is its tendency to incite an
adverse opinion or feeling of other persons towards the Plaintiff. A statement is to be judged by the
standard of the ordinary, right thinking members of the society at the relevant time. The words must
have resulted in the Plaintiff to be shunned or evaded or regarded with the feeling of hatred, contempt,
ridicule, fear, dislike or disesteem or to convey an imputation to him or disparaging him or his office,
profession, calling, trade or business. The defamation is a wrong done by a person to another's
reputation. Since, it is considered that a man's reputation, in a way, is his property and reputation may
be considered to be more valuable than any other form of property. Reputation of a man primarily and
basically is the opinion of friends, relatives, acquittance or general public about a man. It is his esteem
in the eyes of others. The reputation spread by communication of thought and information from one to
another. Where a person alleges that his reputation has been damaged, it only means he has been
lowered in the eyes of right thinking persons of the society or his friends/relatives. It is not enough for
a person to sue for words which merely injure his feeling or cause annoyance to him. Injury to feeling
of a man cannot be made a basis for claiming of damages on the ground of defamation. Thus, the
words must be such which prejudice a man's reputation and are so offensive so as to lower a man's
dignity in the eyes of others. Insult in itself is not a cause of action for damages on the ground of
defamation.

Civil Action for Defamation and Criminal Complaint for Defamation

Naturally there are certain obvious common features between a civil action for damages for
defamation and a criminal complaint for defamation under Section 500 of the Indian Penal Code. The
essence of the cause of action in the civil suit for damages is the tortious liability for compensation for
the damage to or loss in reputation suffered by the aggrieved party. Naturally, damages in a civil
action for defamation, with of course a few exceptions, are always much heavier than fine in a

criminal proceeding in contempt under Section 500 of the Indian Penal Code. Harm to the reputation
is also the main ground in a criminal defamation under Section 499 of the Indian Penal Code just as
much as harm to the reputation is the essence of the cause of action in a civil suit for damages. Harm
to the reputation is therefore a common ground. Punishment of course in the criminal proceeding is
provided in Section 500 I. P. C. which means a sentence of imprisonment which may extend to two
years or with fine or with both. Conviction and sentence of imprisonment therefore, are the essential
features of the criminal defamation and not a civil defamation, The exceptions to the criminal
defamation provided in Section 499 of the Indian Penal Code are also indicative of the test of civil
and criminal defamation. Truth necessarily is the defence both in civil and criminal defamation, but
the first exception to Section 499 I. P. C. insists that in addition to truth, the imputation must be shown
to have been made for public good. Public good therefore is an overriding relevant consideration in a
criminal defamation which is concerned with the protection of the society unlike a private suit for
damages for defamation. Again, in a criminal defamation public conduct of a public servant is a
defence within limits so long as it is in good faith and respecting only public conduct and no further.
Again, in the third exception, conduct of any person touching any public question, is a defence in a
criminal defamation within its, so long as the imputation or opinion touches public character and
conduct and is made in good faith. The public test in a criminal defamation can be traced in other
exceptions like 4th, 5th, 6th, 7th, 8th, 9th and 10th, exceptions. Public test as such is hardly a defence
for a civil suit for damages in a private action. No doubt the normal public test in a civil suit that the
reputation must be lowered has to be satisfied. It will not be necessary to pursue this matter any
further except to say that in the imputations challenged in the publication in this case do concern
public interest. We are purposely refraining from any discussion of the words or imputations here as
they are sub Judice both at the criminal Court and in the civil suit.