Indian Penal Code, 1860
Section 499
repealedDefamation
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 excepted, to defame that person.
Why this exists
Defamation law balances two important interests: a person's right to protect their reputation and dignity, and another person's right to free speech and honest comment. Section 499 sets out what counts as defamation and lists various exceptions, such as truthful statements made in good faith for public good, fair comment on public conduct, and reports of court or parliamentary proceedings, so that legitimate criticism and honest expression are not wrongly punished. The Bharatiya Nyaya Sanhita, 2023 retains defamation as an offence in Section 356, effective from 1 July 2024.
How courts read it
The Supreme Court, in Subramanian Swamy v. Union of India (2016), upheld the constitutional validity of criminal defamation under Sections 499 and 500, holding that protection of reputation is a facet of the right to life and dignity under Article 21 and can reasonably restrict free speech under Article 19(2).
Common misconceptions
- Myth: Any negative or critical statement about someone is defamation.
Fact: Section 499 has specific exceptions, such as truthful statements for public good or fair comment on public conduct, so honest and lawful criticism is not defamation.