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Which of these statements correctly describes Criminal defamation?
It is a cognizable, non- compoundable and bailable offence
It is a non-cognizable, non- compoundable and bailable offence
It is a non-cognizable, compoundable and bailable offence
It is a non-cognizable, non- compoundable and non- bailable offence
It is a non-cognizable, compoundable and bailable offence because:
The Supreme Court of India, in the Subramanian Swamy vs Union of India, 2014, upheld the constitutional validity of the criminal defamation law. In Indian laws, criminal defamation has been specifically defined as an offence under the section 499 of the Indian Penal Code (IPC). In a criminal case, defamation has to be established beyond reasonable doubt. Section 499 states defamation could be through words, spoken or intended to be read, through signs, and also through visible representations. These can either be published or spoken about a person with the intention of damaging the reputation of that person, or with the knowledge or reason to believe that the imputation will harm his reputation.
Section 499 also cites exceptions. These include “imputation of truth” which is required for the “public good” and thus has to be published, on the public conduct of government officials, the conduct of any person touching any public question and merits of the public performance. Section 500 of IPC, which is on punishment for defamation, reads, “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”
By: Kamal Kashyap ProfileResourcesReport error
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