It is written in Bhagwad Gita that “ For a Man of honour, Defamation is worse than death ”.
Defamation implies the act of publishing a statement which tends to lowers the reputation of a person in the eyes of others. This publication of statement may occur in the form of spoken words or gestures then it is termed as slander and when it occurs in the form of written words then it is termed as libel.
In India, Defamation is both a civil wrong and a criminal offence .
In Civil Law , it falls under the Law of Torts i.e. damages by way of monetary compensation can be claimed for defamation by filing a civil lawsuit under Civil Procedure Code. Limitation period for filing a civil suit for compensation for libel is one year from the date of the publication of libel under Article 75 of the Limitation Act .
If you are thinking to file a lawsuit for claiming compensation for defamation then you may file it with the help of lawsuit lawyer and then you need to prove following essentials:
Under Criminal Law , Defamation has been defined under section 499 of the Bharatiya Nyaya Sanhita, 2023 (BNS) / Indian Penal Code. The punishment is mentioned under section 500 which can extend upto simple imprisonment for a term of two years, or with fine, or both. It is bailable, non-congnizable and compoundable offence.
Section 356 BNS (formerly Section 499 IPC) of Bharatiya Nyaya Sanhita, 2023 (BNS) / Indian Penal Code defines Defamation as: “ 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 .”
For Example: A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch OR A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch OR A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation.