When someone intentionally or consciously makes a false statement about another person that damages their reputation, it is considered defamation and is a crime under the Indian Penal Code (IPC). According to Section 499 of the Indian Penal Code (IPC), defamation is a crime.
Two Types of defamation under IPC
- Libel: When a false and defamatory statement is made in a permanent form such as in writing, print, or through pictures.
- Slander: When a false and defamatory statement is made in a transient form such as spoken words, gestures, or signs.
Essential Elements of Defamation under IPC
- False statement: The accused must have made a false statement about the victim.
- Intention or knowledge: The accused must have known that the statement was false or made it with the intention to harm the reputation of the victim.
- Harm to reputation: The false statement must have caused harm to the reputation of the victim.
Punishment of Defamation under IPC
- Whoever defames another person shall be punished with imprisonment of up to 2 years, or fine, or both.
- If the defamation is in writing or any other visible representation, the punishment can be extended to up to 3 years and fine.