Under section 499 of Indian Penal Code, when a person makes or publishes any wrong or false statement about you, or makes a false allegation, it is defamation. If it is in written form, it is called libel. If it is done orally, then it is slander. However, few things are considered exception too defamation-
- True statements
- Publications of reports of court proceedings
- Statements made in good faith, i.e., at the time of making such a statement, the person thought it to be true
Under section 500 IPC, “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”
If someone has defamed you or is continuing to do so, the best legal course of action would be for you to approach the civil court and file a suit seeking for an injunction against the media or the individual from making any such statements. Additionally you an ask the court to remove any such publication that defames you. The Court may also grant you monetary compensation based on the gravity of your case.
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It is not necessary that defamation needs to be done in front of a group of person for it to be considered a defamation. It can also be a statement that is be published or communicated to at least one person, apart from the affected one.
Hence, be wary of what you post online as well. Your social media posts, even if made in the past, can be a cause of defamation.
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FAQs
FAQ 1: How can you respond to defamation?
Answer: Collect evidence of the defamatory statement, file a complaint with the police, and consider filing a civil or criminal defamation suit. Check IPC Sections 499 and 500.
FAQ 2: What are the legal remedies available for defamation?
Answer: Remedies include monetary compensation (damages) and an injunction to prevent further defamation. Criminal defamation can lead to imprisonment or fines.
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Written by Arshita Anand
Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset
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Further Reading
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