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Section 499 in the Indian Penal Code
499. Defamation.—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. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—it may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—an imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
“Pacta Sunt Servanda” means that
The States are not bound to respect the agreements entered into by them
The agreements entered into by the States will be respected and followed by them in good faith
The States are under no obligation to follow the agreements in good faith
Though the States are bound to recognize an agreement entered into by them but cannot be compelled to follow it
in its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract. The first known expression of the brocard is in the writings of the canonist Cardinal Hastiness from the AD 13th century, yet which were published in the 16th.
By: Parvesh Mehta ProfileResourcesReport error
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