The Indian Penal Code (IPC) is a comprehensive legal code that defines various crimes and offenses that are punishable under the law in India. Section 501 of the IPC deals with the offense of defamation.
Defamation is a crime that involves making false and harmful statements about someone, which can damage their reputation and standing in society. It can be committed through various means such as spoken words, written words, images, or other forms of communication.
Under section 501 of the IPC, defamation is punishable with simple imprisonment for a term that may extend to two years, or with fine, or with both. However, the punishment may be increased if the defamation is committed through the print media or through other forms of mass communication.
It is important to note that defamation is a crime that is punishable only if it causes harm to the reputation of the person concerned. Merely making a statement that is critical of someone's actions or beliefs is not defamation, as long as it does not damage their reputation.
In order to prove defamation, the following elements must be established:
A statement or representation was made about someone.
The statement or representation was false.
The statement or representation was made with the intention of harming the reputation of the person concerned.
The statement or representation caused harm to the reputation of the person concerned.
Defamation is a serious crime in India, and it is important for individuals to be mindful of the impact of their statements on others. It is important to always speak and write with honesty and integrity, and to refrain from making false or malicious statements about others.
Section 501 IPC
Various theories of punishment are considered like the reformative theory of punishment and deterrent theory of punishment. Closure Report A closure report is filed when the police have no evidence to prove that the alleged offense has been committed by an accused. . He has done an act towards the commission of theft, and therefore is guilty under this section. He and his friends started threatening me of beating me up when found alone outside of the coaching center. A police person who handling this case ask me to get bail in same day of all persons who involve in case.
The magistrate has the power to issue summons to any person as a witness or orders him to produce any document. Nature of insult is more of a question of fact and not of law. C, any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. Thanks and regards In Criminal Law dear sir a fir loged against me and my father by a lady whose goat entered in our house. A comparative option to appeal has been allowed to one or all charged persons if more than one person have been sentenced in a trial and such request has been passed by the court. I was not present there and I gave the proof that I am at my college at the time when the incident happened.
Charge Sheet A charge sheet includes the elements of the offense in a prescribed form, and it also contains the complete investigation of the Police authorities and the charges slapped against the accused. In this section, it is showed how a person can provoke another to commit an offence that is criminal in nature and which can also harm the public peace at large. Sixth Exception- Merits of public performance- It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. In case the accused has an apprehension of an arrest under Section 504 of the IPC, he or she can also file an application for anticipatory bail with the help of a criminal lawyer. In the same manner, use of abusive language not supported by intention also does not lead to a breach of peace and does not make it an offence. These words even include the daily slangs people use in their daily lives as well such as- bastard, foolish and so on. A copy of every such memorandum shall be simultaneously furnished to the opposite party.
COMMENTS A person cannot be said to have committed an offence under section 500, or 501 or 502 or 504 of the Code merely because some news item or article is published attributing certain utterances to that person; Laloo Prasad v. Explanation 3- An imputation in the form of an alternative or expressed ironically, may amount to defamation. The accused at any time can file an application under section 227 for discharging him for the charges levied on the ground that the charges against him are false and are not strong or sufficient enough to proceed against him in the trial. In the meeting, it was proposed that he should be expelled. Sushila Srivastava 1996 , the Rajasthan High Court held that the manner in which the accused addressed the complainant was prima facie such that it depicts that the person was insulted and provoked. First Exception- Imputation of truth which public good requires to be made or published- It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. There is no provision for rigorous imprisonment in this section.
Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable. I did as advised and upon investigation by police they were found guilty and punished by the Court. If witnesses did not come to give evidence than court can close the opportunity of prosecution to produce evidence. C, on the filing of the charge sheet, the accused may be issued summons by the magistrate to appear before him on a given date. 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.
To commit an offence under this section, insult is necessary. Offence Punishment Cognizance Bail Triable Defamation against the President or the Vice-president or the Governor of a State or Administrator of a Union Territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor Simple Imprisonment for 2 Years or Fine or Both Non-Cognizable Bailable Court of Session Defamation in any other case Simple Imprisonment for 2 Years or Fine or Both Non-Cognizable Bailable Magistrate First Class Offence : Defamation against the President or the Vice-president or the Governor of a State or Administrator of a Union Territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor Punishment : Simple Imprisonment for 2 Years or Fine or Both Cognizance : Non-Cognizable Bail : Bailable Triable : Court of Session In Criminal Law Some people made a false complaint against Managing committee of society very well knows the facts. Whoever dishonestly misappropriates or converts to his own use any Previous, Chapter XVII 378-382 of IPC — Offences Against Property Chapter XVII 383-389 of IPC — Extortion Chapter XVII 390-402 of IPC — Robbery and Dacoity Chapter XVII 403-404 of IPC — Criminal Misappropriation of Property Criminal Breach of Trust — INDIAN PENAL CODE IPC 405. Sale of printed or engraved substance containing defamatory matter. Bailable Compoundable or not? Is there a divorce case? If the accused pleads not guilty then the case is posted for trial.
C which stated distorted facts. The highest court of appeal in the nation is the Supreme Court and henceforth, it appreciates the broadest powers in the instances of appeals. Attempts To Commit Offences 511. What are the Essential Ingredients of Section 504 of IPC? State of Maharashtra 2013 , it was held that the intentional insult must be of such a degree that it should provoke a person to either break the public peace or indulge into the commission of any other offence. Ismail Maracayar 1949 , a father who lived in Vellore wrote an insulting letter to his daughter and her husband. In India the defense is generally not required to give any defense evidence as the burden of proof is on the prosecution.
Here, if the imputation is made in good faith, and for the public good, A is within the exception. Read More Answer You seem to be wanting to settle a case under Section 498a of IPC for domestic violence. Emperor 1931 In Philip Rangel vs. When I confronted her she started accusing us of fake things and threatened me and my brother of filing a case of domestic violence and dowry against us. Whoever defames another shall be CLASSIFICATION OF OFFENCE Para I: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable—Triable by Court of Session—Compoundable by the person defamed. These arrangements have been set down under Section 265G, Section 375 and Section 376 of The Code of Criminal Procedure, 1973. The Court held that the reaction of the person insulted does not have to be considered.
However, whenever the court date was due he never appeared and there was also not enough evidence for him to prove the said allegations. FIR, Remand and Bail The first step in the procedure is to file an FIR after which the accused is arrested. CLASSIFICATION OF OFFENCE Para I: Punishment—Simple imprisonment for 2 years, or fine, or both— Noncognizable— Bailable—Triable by Court of Session—Compoundable by the person defamed. The trial procedure in a case filed under Section 504 is similar to any other criminal case. This is why it is important to have a criminal lawyer by your side to help you when charged with a crime as heinous as the one mentioned under section 504 of the Indian Penal Code. Indian Penal Code IPC Section 501 PDF IPC Section 501 Printing or engraving matter known to be defamatory Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Indian Penal Code (IPC) Section 501. Printing or engraving matter known to be defamatory.
This is defamation, unless it fall within one of the exceptions. Merely abusing does not satisfy the ingredients of the offence. Cruelty by Husband or Relatives of Husband 498A. Eight Exception- Accusation preferred in good faith to authorised person- It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. C and release the accused on executing a bond and undertaking for appearing the Magistrate empowered to take cognizance. It includes facts, in brief, all statements recorded under section 161, 164, a copy of the FIR, list of witnesses, list of seizure and other documental evidence. With the help of our expert criminal lawyer we were able to get an ex parte order in our favour.