Defamation is a false statement made about a person, which causes harm to their reputation and/or good standing in the eyes of others. It can be in the form of written words (libel) or spoken words (slander). Defamation is a civil wrong in most countries, including India, and is governed by tort law. In some cases, it may also be considered a criminal offense, depending on the jurisdiction and the severity of the harm caused.
Defamation as per IPC and the Indian Constitution
Defamation is defined and penalized under Section 499 of the Indian Penal Code, 1860. According to the code, 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 to defame that person.
The punishment for defamation under the Indian Penal Code is imprisonment for a term which may extend to two years, or with fine, or with both. However, in cases where the imputation is made in writing or through any other visible representation, the punishment may be imprisonment for a term which may extend to two years, or with fine, or with both.
It is important to note that truth is a valid defense in a case of defamation, as long as it is published for the public good. Additionally, an apology can be offered as a means of mitigating the harm caused by the defamatory statement.
What will happen if you ignore the defamation notice?
Serious legal consequences can result from ignoring a defamation notice. The person who has been defamed may take legal action, including filing a complaint with the police and a subsequent criminal trial, as well as filing a civil lawsuit to seek damages, if the recipient of the notice fails to retract their false statement and offer a public apology.
Ignoring the notice can result in imprisonment and/or a fine, and the accused may also have to pay damages to the person who has been defamed. Moreover, ignoring the notice can harm the accused’s reputation and cause negative publicity. Hence, it’s crucial to take a defamation notice seriously and seek legal advice if needed.
What is defamation and under which IPC section it is defined?
Defamation is a serious matter in India and is dealt with under the provisions of the Indian Penal Code (IPC). Defamation occurs when someone makes false and harmful statements about another person, which can harm their reputation and dignity. In India, defamation is considered a criminal offense and can result in both criminal and civil consequences.
A defamation notice is a formal request to the person or entity who has made the defamatory statement, to retract their statement and offer a public apology. The notice should specify the false and defamatory statements that have been made, the harm caused to the reputation of the person, and the demands for retraction and apology. If the person or entity fails to retract the false statements and offer a public apology within a reasonable time period, the recipient of the notice may choose to take legal action against them.
According to the provisions of the Indian Penal Code, Section 499 defines defamation as a criminal offense. The section states 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.
If the recipient of the defamation notice fails to retract their false statement and offer a public apology, the person who has been defamed may choose to file a complaint with the police. The police will then investigate the matter and, if they find sufficient evidence, may file a charge sheet against the accused. The accused may then be tried in a court of law, and if found guilty, may face imprisonment and/or a fine.
In addition to the criminal consequences, the person who has been defamed may also choose to file a civil lawsuit against the accused. In such a case, the person who has been defamed may seek damages for the harm caused to their reputation and dignity.
In conclusion, it is important to be aware of the provisions of the Indian Penal Code regarding defamation, as false and harmful statements can have serious consequences for the person being defamed. If you believe that you have been defamed, it is recommended that you seek legal advice and take the appropriate legal action to protect your rights and interests.
Defamation Notice Format
|Subject: Defamation Notice under Indian Penal Code|
To [Name and address of the recipient],
I, [Your Name], am writing this notice to bring to your attention that you have committed an act of defamation against me, which is a criminal offence under the Indian Penal Code, 1860.
It has come to my knowledge that you have made false and malicious statements about me, which have caused harm to my reputation and goodwill in the eyes of my acquaintances, friends, and society at large. These statements have been made either through [mode of communication, such as orally, in writing, or through any other means].
I demand that you immediately retract the false statements and offer a public apology for the same. I also demand that you cease and desist from making any further defamatory statements against me.
If you fail to retract the false statements and offer a public apology within [Insert a reasonable time period, such as 7 days], I will take legal action against you to seek damages for the harm caused to my reputation.
I hope this matter can be resolved amicably, and I look forward to your prompt response.
[Your Name and Signature]
मानहानि नोटिस का प्रारूप
Defamation Notice Format in Hindi
|विषय: भारतीय दण्ड संहिता के अनुसार उल्लंघन सूचना|
[प्राप्तकर्ता का नाम और पता],
मैं, [आपका नाम], इस सूचना के माध्यम से आपकी ध्यान में लाने के लिए लिख रही हूँ कि आपने मेरे विरुद्ध एक उल्लंघन क्रिया की है, जो भारतीय दण्ड संहिता, 1860 के अनुसार एक अपराध है।
मेरे ज्ञान में आया है कि आपने मेरे बारे में झूठे और दुष्ट बयान किए हैं, जो मेरे परिचितों, दोस्तों और समाज के आंकड़ों में मेरी प्रतिष्ठा और विश्वसनीयता को क्षति पहुंचाते हैं। ये बयान [मौखिक, लेखनी, या कुछ अन्य माध्यमों के माध्यम से] किए गए हैं।
मैं मांग करता हूं कि आप तुरंत झूठे बयानों को वापस लें और इसके लिए सार्वजनिक रूप से माफी मांगें। मैं यह भी मांग करता हूं कि आप मेरे खिलाफ कोई और मानहानिकारक बयान देने से बाज आएं।
यदि आप झूठे बयानों को वापस लेने में विफल रहते हैं और [एक उचित समय अवधि, जैसे 7 दिन डालें] के भीतर सार्वजनिक माफी की पेशकश करते हैं, तो मैं आपकी प्रतिष्ठा को नुकसान पहुंचाने के लिए आपके खिलाफ कानूनी कार्रवाई करूंगा।
मुझे उम्मीद है कि इस मामले को सौहार्दपूर्ण तरीके से सुलझाया जा सकता है, और मैं आपकी त्वरित प्रतिक्रिया की प्रतीक्षा कर रहा हूं।
[आपका नाम और हस्ताक्षर]