SONOPANT DANDEKAR SHIKSHAN MANDALI'S LAW
COLLEGE, PALGHAR
FYLLB (2024 -2025)
SUBJECT: - BNS
SEMESTER: - II
TOPIC: - DEFAMATION
PRESENTED BY…
VIKRAM JAIN ROLL NO 31
NAND NANDAN JHA ROLL NO 33
Overview of Defamation
Defamation is the act of making untrue statements about
someone, that can damage their reputation. It is based on
false information circulated to harm a person’s reputation,
decrease their respect, or induce negative feelings against
them. In India, criminal defamation is punishable under the
civil and criminal law.
Defamation is of two types.
I. Libel (written defamation)
II. Slander (spoken defamation)
Elements of Defamation
False statement
The statement must be false. A true statement, even if damaging to
someone's reputation, is not considered defamation.
Publication or communication
The statement must be communicated to a third party. A private
conversation is not defamation.
Damage to reputation
The person making the statement must either intend to harm the person's
reputation or know that it will cause harm.
Intent or negligence
Any intentional false communication, either written or spoken, that
harms a person's reputation
Defenses to Defamation
Truth
Proving the statement is true is a complete defense to a defamation claim.
Fair comment
A statement is not defamatory if it's a fair comment on a matter of public
interest, even if it's not entirely true.
Privilege (absolute and qualified)
Absolute privilege protects certain statements, regardless of their truth or
falsity, or the speaker's intent.
Qualified privilege protects statements made in certain circumstances, such
as when acting in good faith to protect one's own interests or the interests of
others.
Consent
Consent of the person who allegedly has been defamed is always a
complete defense in the event of a defamation claim.
Defamation under IPC
• The meaning of defamation is stated under Section 499
of the Indian Penal Code, 1860. A person is said to
defame someone if he/she harms his/her reputation by
communicating false statements through spoken or
written words, pictures, or signs.
• In India, criminal defamation can be civil or criminally
punishable under Section 500 Indian Penal Code, 1860.
According to the section, a person who has been found
guilty of defamation shall be punished with simple
imprisonment for a maximum of two years, a fine, or
both.
Defamation under BNS
• Section 356 of the Bharatiya Nyaya Sanhita, 2023 lays the
criminal provision regarding defamation in India.
• While IPC had separate sections for definition and punishment for
defamation, BNS has them combined. Since community service
has been introduced as an additional punishment under the new
criminal laws, punishment for defamation under BNS also
includes the same along with imprisonment and fine.
Key difference: IPC vs. BNS (Defamation)
Features Under IPC (1860) Under BNS (2023)
Modernized law, removing archaic
Older law, with some colonial era
General Approach language and incorporating new
provisions
technologies
Defined in Section 499 (general) and Section 356 (general) and other
Defamation Definition
500 (punishment) related provisions
Short imprisonment sentence of up
Simple imprisonment for a term of
Punishment to two years, a fine, or both, or
two years, a fine, or both
community service
Not explicitly mentioned in Incorporates digital records into
Digital Records
defamation definitions defamation definitions
Focus on modernizing terminology,
No significant changes to the core
Other Changes incorporating new technologies, and
definition
addressing issues like cybercrime
Consequences of Defamation
Civil liability (damages)
In civil defamation cases, the primary remedy for damages is monetary
compensation, known as civil damages, awarded to the plaintiff (the person
whose reputation was harmed).
Criminal liability (imprisonment or fine)
Criminal defamation is punishable by simple imprisonment for up to two
years, a fine, or both. Unlike civil defamation, which primarily involves
monetary compensation, criminal defamation carries the potential for jail
time and fines, and requires proof beyond a reasonable doubt.
Case law
Javed Akhtar v. Kangana Ranaut 2020
Issue: Javed Akhtar filed a defamation lawsuit against Kangana Ranaut in
2020, claiming she made defamatory statements about him in a TV interview,
damaging his reputation. Specifically, Ranaut had linked Akhtar's name to the
death of actor Sushant Singh Rajput and accused him of being part of a
"coterie" in the film industry.
Held:The case was initially heard by a magistrate court in Andheri.
Settlement: After four years, both parties settled the dispute through mediation.
Ranaut apologized and withdrew her statements, while Akhtar accepted the
apology and dropped his complaint. Akhtar clarified he didn't seek monetary
compensation, just a written apology, which he received.
Conclusion
Defamation laws under the Indian Penal Code (IPC) and the Bharatiya Nyaya
Sanhita (BNS) aim to protect individuals' reputations from false and malicious
statements. Future directions should be more clear to
1.Reforms for emerging issues (e.g-online defamation)
2.clarifying exceptions.
3.Proportionate punishments
