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With the same view, defamation has been criminalised in India by inserting it into Section 499 of the I.P.C. Where defamation is concerned, in case of a criminal defamation suit as laid down in Sections 499 and Section 500 of the Indian Penal Code, the issue - in question - being the truth isn't considered a defence.
To determine the constitutionality of Section 499 of the Indian Penal Code and its exceptions, the bench examined each provision in detail and concluded that the section is not vague. The bench rejected the petitioner's argument about "public good", stating that such interpretation must be made on a case-by-case basis.
Quashing in a criminal defamation case is a difficult prospect. This is because – to simplify – under Section 499 of the IPC, a prima facie offence of defamation is made out with the existence of a defamatory imputation, which has been made with the intention or knowledge that it will cause harm. This is, evidently, a very low threshold.
The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was repealed and replaced by Bharatiya Nyaya Sanhita (BNS) in December 2023, which came into effect on 1 July 2024.
Quashing in a criminal defamation case is a difficult prospect. This is because – to simplify – under Section 499 of the IPC, a prima facie offence of defamation is made out with the existence of a defamatory imputation, which has been made with the intention or knowledge that it will cause harm. This is, evidently, a very low threshold.
A New York judge will decide Tuesday whether to throw out Donald Trump’s conviction in his criminal “hush money” case based on the US Supreme Court’s decision on presidential immunity ...
Accordingly, for the purpose of criminal defamation, "reasonable restrictions" are defined in Section 499 of the Indian Penal Code, 1860. [100] [159] This section defines defamation and provides ten valid exceptions when a statement is not considered to be defamation. It says that defamation takes place, when someone "by words either spoken or ...
The media crime is covered by the Indian Penal Code (IPC) which is applicable to all substantive aspects of criminal law. Nevertheless, freedom of the press in India is subject to certain restrictions, such as defamation law, a lack of protection for whistleblowers , barriers to information access and constraints caused by public and government ...