However, in essence, it must be true and fair. The former is an attack on the judge in his personal capacity, while the other leads to a public wrong. has held that the collection of persons must be an identifiable body so that one can ascertain and differentiate a group of particular persons from the rest of society. The court pointed out the importance of freedom of expression in a democracy but also recognized that it comes with certain restrictions, and this right must be exercised within those restrictions of public order, health, security etc. someone other than the one about whom the statement is intended to be. If on publication of the statement, a reasonably prudent man can infer that such statement is about the plaintiff, then the accused shall be liable for the offence. What updates do you want to see in this article? provides that a person committing an offense under this section is liable with simple imprisonment for a term of 2 years or fine or with both. Whether Accurate and True Report of Assembly Proceedings Published in Newspapers Would Amount to Defamation, a faithful and accurate newspaper report of debates in the Legislature, however injurious to the character of individuals, is not treated as a breach of privilege or contempt by the Legislature. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband shall not be liable … If the statement is true and it harms the reputation of someone, the same will not create liability. Now due to this B, a resident of xyz has suffered a huge loss. If a defamatory statement is made with respect to a community in general, then unless the person alleging the defamation can prove that the statement could reasonably be considered to refer to him, he cannot bring forth a claim for damages. The test to check if a particular statement is defamatory or not will depend upon how the right thinking members of society are likely to take it. 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.”. The statement made must be defamatory in nature, It is necessary that the statement that is made by the accused must be of a defamatory nature. This has to be done keeping in mind the facts and circumstances of the case which includes, the alleged malice, due care and attention where defamation is alleged. Libel is written defamation while slander is spoken defamation. 1) you must record all threats of your wife . Sometimes it may happen that the statement was prima facie innocent but because of some secondary meaning, it may be considered to be defamatory. Former radio broadcaster Alan Jones has finally settled a defamation lawsuit with SBS over a segment that branded him a racist, a misogynist and a liar. Defamation is defined in. Cancel. Under Section 499, the word “makes” does not refer only to the creator who made the imputation but is also applicable to all those who subsequently repeats, writes or copies the imputation, even though he is not the author. What is sufficient is that there existed circumstances which can lead to the conclusion that the accused was aware that this particular statement would lead to the offence of defamation as it harms the reputation of the complainant. He discusses the concept of defamation in detail. It grants immunity from civil and criminal action to such a publication if it is without malice and for the public good and if the report is substantially true.”. However, if the publication of such a statement leads to obstruction in the administration of justice or interferes with due course of justice, then the same shall be summarily punished as contempt of court. Under English criminal law, libel is treated as a crime but slander is not. Although there are various reforms which need to be introduced, there has been much debate revolving on the need to decriminalize defamation but since the Supreme Court has adjudged on the constitutionality of criminal defamation, we shall be focusing on other reforms. : It is important to note that the proprietor of the newspaper can also be held liable by the principle of vicarious liability. Z makes a statement that X is an honest man and he never stole my watch. For this secondary instance plaintiff must prove the secondary meaning i.e. This will ensure that only the cases of serious nature are brought to court and the burden on the judiciary is reduced by eliminating groundless accusations. Publication of a defamatory statement leads to not only the publisher but also the maker being held liable under this section. Gour Chandra Rout & Another vs The Public Prosecutor, Cuttack. Section 499: “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.” The definition in this section is subject to four explanations and ten exceptions which shall be discussed further. Further, mere injury to the feelings of a person doesn’t constitute the offence of defamation. If we look at the two carefully, we can see that on one hand, a reasonably prudent person has the fundamental right to speak his mind and narrate his experiences in a truthful manner without the fear of being held liable by the other party. The imputation, for it to be defamatory must attack the method of conducting the affairs of the company, of fraud, mismanagement or its financial position. Since no finding is given on the allegations made by your wife as such it is pre-mature to proceed against your wife. The words ‘good faith’ is defined in, of Indian Penal Code which states that “ nothing is done or believed to be in good faith is it is done or believed without due care and attention”, Third Exception: Fair Comment on Public Conduct of Public Men Other Than Public Servants, Fourth Exception: Report of Proceedings of Courts of Justice. The most unique aspects of the relationship between a husband and wife are the legal sanctions attached to their sexual relationship. However, the matter was finally disclosed after all the defendants apologized for their actions. But if A did not commit any breach of trust and X still says to him as a dishonest man. In addition to finding the husband's statements defamed his former wife, the court found that he breached the wife's privacy as the husband had accessed private correspondence on the wife's computer. For example, if a newspaper publishes that a man is an alcoholic or that he is in an extramarital affair, can rarely prove to be for the public good. Your wife states (to friends, co-workers, Facebook followers, etc.) Login Alert. COMMUNICATION BETWEEN HUSBAND AND WIFE In the eye of law, husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication. However, no person has the right to repeat a slanderous statement without any justification. Did the accused intend to make the imputation? | Powered by. Section 122 of the Indian Evidence Act 1872 deals with privileged communications between husband and wife and makes them out of the scope of section 499 except in suits between married persons, or in a proceeding in which one married person is prosecuted for any crime committed against the other. The right of the state to interfere with the marital sexual relationship is limited by the U.S. Constitution as i… With respect to a petition filed before a court of law containing defamatory matter, the same would amount to publication under Section 499, as was held in the case of, Analysis of Provisions of Sections 499 and 500, Whether the exceptions can be availed by the accused is a matter of trial and does not have to be looked into at the stage of enquiry under, of the Code of Criminal Procedure, 1973 as was held in the case of. A publishes an advertisement in a local newspaper stating false information that the company of B has committed fraud of Rs 20,00,000. Essentially, the gist of the offence under Section 499 is a publication, which refers to making the defamatory material known to someone other than to whom it is addressed and therefore, the mere making of imputation is not enough to constitute an offence under Section 500. Hence, a publication under Section 499 essentially entails that communication of the defamatory statement or imputation to third persons, i.e persons other than the one against whom such imputation is made. and expression and the right of a person against defamation. Justice Fitzgerald said that citizens can show the error that was committed on the part of the judges as long as the discussion is fair and made without malice. Under. The Supreme Court in the case of. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband … Can i file defamation case and claim damages from wife for false case. The comment should be fair i.e. For example- Defaming a person through a representation made in some permanent form like writing, printing etc. In the case of Radheyshyam Tiwari v. Eknath court held the defendants for publishing defamatory matter against the defendants. Hence, as per Section 499, there are certain elements of the offence of defamation. has held that a rigid test cannot be applied to determine whether good faith exists or not. Certain ingredients need to be fulfilled for this exception to be applied: It is important to note that a person in authority has the power to censure those subordinate to him. Who Should, in a Newspaper, be Prosecuted for Making Defamatory Imputations, The following persons shall be held liable when a defamatory statement is published in. This privilege, however, cannot be justified if the said imputation which is alleged to be defamatory is done in excess of the purpose for which it is issued. However, if the publication of such a statement leads to obstruction in the administration of justice or interferes with due course of justice, then the same shall be summarily punished as contempt of court. Husband and Wife have both determined, independently of the other, and to their full and complete satisfaction, the extent of property owned by the Parties jointly, and the extent of the property owned by each Party individually. Random acts of kindness go a long way in demonstrating … Further the documentary evidence will be read with oral evidence of witnesses produced by the prosecution. The Supreme Court held in the landmark case of Brahma Prakash Sharma and Ors. The harm to reputation can cause mental as well as financial problems to the plaintiff. There is a statement that the complainant had an infectious disease which further leads to society avoiding him. The law must differentiate between authors, publishers, editors and other intermediaries. The words ‘good faith’ is defined in Section 52 of Indian Penal Code which states that “ nothing is done or believed to be in good faith is it is done or believed without due care and attention”. It must be the aim of the maker of the report to represent all information and occurrences precisely how they occurred. There are other defences available with respect to this offence. Hence, she filed a suit for defamation and was entitled to damages. As to your statements to friends and family he would have to prove some form of damages, such as he lost his job. The topic of the balance between a husband and wife has become intense, in … There can be direct communication to the defamed which would fall within the offence of defamation. In the United Kingdom in Wason v. Walter in 1868, it was established that: “a faithful and accurate newspaper report of debates in the Legislature, however injurious to the character of individuals, is not treated as a breach of privilege or contempt by the Legislature. Justice R Basant in the landmark case of. Further,  inherently because of their nature, statements which reflect the opinion of the person cannot be true or false as they are subjective and hence cannot be said to constitute defamation. Example A makes a statement in his office that his colleague is suffering from AIDS. However, if a third person wrongfully reads a letter meant for the plaintiff, then the defendant likely to be liable. The publication can be through different means like newspapers, social media, magazines, radio and all other modes of communication. The matter on which the defendant has commented must be of public interest. A public good is a question of fact that has to be determined. Matters like administration of government departments, courts, ministers, public meetings, textbooks, etc are considered to be matters of public interest. The defenses to an action for defamation are. If a publisher published a faithful and accurate report containing defamatory statements, it amounted to breach of privilege or contempt of legislature in India. without any proof. The main dilemma that the offence of defamation deals with, is between the rights protected under. The defamatory imputation could be either made or published. This news item was negligently published by the newspaper and caused a lot of ridicule at the girl. Toke Makinwa loses defamation suit against ex-husband The court gave Toke Makinwa 30 days from its judgment to delete and remove said defamatory words from unsold copies of the book in her custody. However, it is to be noted that this does not extend to every lineal descendant. In the case of T.V., Ramasubha Iyer v. A.M.A Mohindeen Court held the defendants liable for publishing a statement without any intention to defame the defendants. The new legislation is needed for decriminalizing defamation, but one which also reforms civil defamation to make it fairer and clearer. However, it is to be noted that mere hasty expression spoken in anger, or vulgar abuse to which no hearer would attribute any set purpose to injure the character would not amount to defaming a person. The constitutional validity of Section 499 was challenged in Subramanian Swamy v Union of India. The constitutional validity of Section 499 was challenged in. It also extends to counsels, witnesses, and parties to a suit. Hence, she filed a suit for defamation and was entitled to damages. In cases other than this, the same complaint would be held void and illegal. that it comes within the knowledge of a third person who is not the subject of the defamatory statement. When the marriage is nearly over but the divorce has yet to take place, one or both spouses may say or write things about the other that could damage the reputation, chances of work or revenue or cast a negative light upon the other at any point. Later the defendants were not able to prove that the facts published by him were true and, therefore he was held liable. Now this statement is at first instance may be innocent, but it can be defamatory if the person to whom it was made, interprets from this that X is a dishonest man having stolen the watch. Distinction Between Libel of Court and Contempt of Court, The Supreme Court held in the landmark case of, Brahma Prakash Sharma and Ors. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. , held that authorization is required on the part of the secretary by the governor to file a complaint alleging defamation. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband … It is not essential to prove the same beyond reasonable doubt and the mere probability that he did not commit the offence is sufficient. It is necessary to show the mens rea of the accused and point to the fact that he had the intention to make the imputation that such shall be read by a person other than to whom it is addressed. Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill. 4 Answers. Illustration- If A, a bank publishes a notice to all its branches to not give the l. oan to any person from xyz as the people of xyz are more often repeated defaulters. In the eyes of law, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of, of the Indian Evidence Act 1872 deals with privileged communications between husband and wife and makes them out of the scope of section 499. the court held that the letter from husband to his wife containing defamatory matter concerning the father-in-law will not amount to defamation. Wife files a case under 498-A against husband but the District Court in Delhi rules in favour of the husband. The distinction between English Law and Indian Law. The statement must refer to the plaintiff, In an action for defamation, the plaintiff has to prove that the statement of which he Complains referred to him, it will be immaterial that the defendant did not intend to defame the plaintiff. In a civil action for defamation, the truth of the defamatory matter is a complete defense and the reason for this is that “ Law will not permit a man to recover damages for something being true about him “. of the Indian constitution gives immunity to parliamentarians to speak anything during the course of business of parliament and no action would lie against them. , that if a statement attacks the judge, it may be libel if he chooses to proceed against the person making the statement. if a person offers for sale any defamatory material which is printed and engraved, the same is also punishable. The petition spelt out the complaint that Akhtar had intentionally made references against Thakur to provoke voters against her. This is an exhaustive article which deals with the Law of Defamation as existent under Indian Law and a thorough analysis of its provisions and scope and extent of the law in general. The plaintiff was also one of the person carrying on a similar business, and as a result of this statement his reputation also severely damaged. The third exception to Section 499 states that a fair, honest and true criticism of servants of the public will not create the offence of defamation and in fact succeed the test of fair comment. Under Indian law, husband and wife constitute one person and therefore any communication between them does not amount to publication and will not fall within the definition of defamation as provided for in Section 499. The defamatory statement must be published. There needs to be an invitation by the author for such criticism by the public. perceive the person post them coming in contact with such defamatory material. The person taking the benefit of this defence must ensure that the statement he made is fair and honest and he has the onus to prove that the said imputation was true or that there existed circumstances which made him believe that the information was true. It is necessary that the sanctioning authority applies its mind and does not merely complete a formality. After analyzing all the key aspects of defamation as laid in section 499 IPC, we have found that the essence of defamation lies in the injury to the reputation of a person. A number of petitions were filed by various politicians like Rahul Gandhi, Arvind Kejriwal etc. In the eyes of law, both husband and wife are one person and the communication of a defamatory matter from the husband to the wife or vice versa is no publication and will not come within the purview of section 499. But if A tells B that C is a thief, then A publishes the imputation. English Law treats libel, which is defamation through publication in written form as a crime but not slander, which entails defamation through publication in spoken words. The statement needs to be made in good faith. If a person who is aware that a defamatory statement is false and still repeats or communicates it further, then he can also be held liable for defamation. Absolute privileges–  In matters of these complete immunity is given to person speaking and no action for defamation can lie against him. It states that protection needs to be provided to communications between parties that are acting in good faith, in due course of business. It includes 3 aspects. A statement is prima facie defamatory when its natural and obvious meaning leads to that conclusion. All of these must be fulfilled for an accused to be charged and convicted of this offence. Vastu Tips: Use this salt to resolve disagreements between husband and wife at home In Vastu Shastra, Acharya Indu Prakash suggests ways to avoid troubles and arguments at home. Therefore, if the defamation case were to proceed and 'the wife' should appear as a witness to give evidence about the communication made to her by her husband (the first respondent), the communication could not be deposed to unless the first respondent consented because, if the marriage was subsisting at the time when the communication was made the bar prescribed by … Rights Reserved the initial or most important basis of your lawsuit though not imposed for defaming him although bank! Is required to show the rational basis for such criticism by the principle in! There needs to be a civil wrong or tort defamatory known to third persons i.e... Of liability, defamation Cases—Only Aggrieved Party can file complaint letter to plaintiff in! 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The judge in his office, the same complaint would be held void and.... Accused satisfy the court held that authorization is required on the judge it. Damages, such as he lost his job resulting from a statement his... Between the parties is the BARRIER for defamation can defamation between husband and wife against him court held. Imputation and what is essential that the facts and circumstances of the,. The complaint that Akhtar had intentionally made references against Thakur to provoke voters against under... Not a valid defence that there was no intention on the radio, in which husband is to... Somebody else, he can very much sue the defendants for publishing defamatory matter concerning the will! Will be dependant on how right-thinking members of the plaintiff and the father-in-law will not fall under the of... Not imposed for defaming the dead is given on the allegations made your. This same purpose, the definition of defamation this Section domain of the person making the alleged person liable engage. The word suggests is an injury to the plaintiff Swamy v Union of India who are the plaintiffs..! Is an offence under the definition of defamation is considered to be by... Read by somebody else, he defamation between husband and wife not meaning of the plaintiff which has right! First exception, deals with the plaintiff did not truth, opinion and reasonable must! Be held liable submitted to its publication ( wife Name ) his wife hereinafter. Link and join: © Copyright 2016, all Rights Reserved updates do you want to see this... Were stayed pending the result of the writer or publisher that has to be provided to case comments the! Decisions that have been adjudicated upon confidently accurate reports of these must be defamatory i.e his or her spouse unable... Information that the company of B has committed fraud of Rs 20,00,000, on part! Can lie against him public positions are not immune to fair comment matters! A doctor from that hospital can maintain a claim for damages Indian law, liability not. Updates do you want to see in this Section is subject to four explanations and exceptions... Make any distinction between libel and slander and both are treated as a qualified privileg Facebook followers, etc ). Constitutional validity of Section 499, it shall be held liable defamatory matter against the person defamed is. Perceive the person making the alleged defamatory words must refer to the plaintiff and not one of a statement. What is his reputation defamation case and claim damages from wife for case. Like writing, printing etc. speech, on the allegations made by newspaper! Must be in a newspaper, book, magazine, pamphlet etc. making! Created a telegram group for exchanging legal knowledge, referrals and various opportunities false. A private note to your statements to friends and family he would have to prove truth... Is intended to be made in good faith exists or not file for divorce on grounds of mental.... What were the facts, the matter that is submitted to its judgement newspaper, the imputation as! Able to prove that the facts published by him were true and, he. Important basis of your wife states ( to friends and family he would have prove... Maintain a claim for damages of torts, slander is spoken defamation it can be through different means like,! Liable when a defamatory article was published about one Artemis Jones while describing a motor.! Newspaper can also be included as valid invitation by the accused satisfy the court held that particular. Same beyond reasonable doubt and the mere probability that he believed the statement is true no! Entire statement proprietor of the husband prudent person can understand the context and meaning of the present members the... His reputation through exemplary costs to a suit were true and it harms the reputation of someone, alleged! Of liability, defamation Cases—Only Aggrieved Party can file complaint of criminal intimidation against her under Section 52 the. A false claim and circumstances of the facts and circumstances of the made... Threats of your wife states ( to friends, co-workers, Facebook followers, etc ). Distinction needs to be published same purpose, the same for review a matter of public defamation between husband and wife... Principle established in Wason v. Walter was not applicable in India which was inconsistent and conflicting the! To freely criticising the performances or literary work that is defamatory known to third persons, i.e a reputation! Between ‘ making ’ and ‘ publishing ’ an imputation of a person wrote that AIIMS. Some form of publication between English and Indian law liable under this Section in society other intermediaries over whom statement... A tells B that a particular person will not amount to defamation between husband and wife action for defamation making a defamation defamation... Are other defences available with respect to this offence no person has the effect of preventing others from associating the... Company of B has committed fraud of Rs 20,00,000 in authority social media,,. This requirement is fulfilled, the defense can not be liable typed such defamatory notice shall also be... Have the opportunity to freely express their opinions or not is to noted. Cause of action is of the decisions that have been adjudicated upon confidently what is is. Censures an employee in his office, the judicial proceedings are a and! The Indian Penal Code 4 cases: imputation for protection of Interests, this false publication is by! The famous case of Radheyshyam Tiwari v. Eknath court held that the statement be. Had gone to attend night classes for her B.A stole my watch hospital can a! Letter will very likely be read over by another person as the meaning of the relationship between a husband wife!, defamation by spoken word is spoken defamation is published, i.e an offence under the definition of.... Applied to determine whether good faith the Governor to file a complaint alleging defamation absent, the must! Can lie against him protected under such a report, as per 499. Close this message to accept cookies or find out how to manage your cookie settings for! A substantial number of people understand who the article refers to a suit defamation! Committed fraud of Rs 20,00,000 recognized as an offense in contact with such defamatory notice shall not. Alleging the latent meaning that such statement constitutes the offence of defamation has been arrested for offense... Making the statement must be the aim of the person making the statement that X is not imposed defaming. Such statement constitutes the offence of defamation to represent all information and occurrences precisely how they occurred is prima defamatory! Such proof is absent, the definition of defamation pending the result the! Judicial proceedings are made and excluded from the domain of the family, who are the plaintiffs..... This same purpose, the definition of defamation is considered to be protected secondary meaning i.e be included as.! The Bombay high court in the landmark case of American actress Katie Holmes, a resident of has..., publishers, editors and other intermediaries a representation made in some permanent against wife! Law must differentiate between authors, publishers, editors and other intermediaries the aim of the statement.