Understanding Defamation Under Section 356 of the Bharatiya Nyaya Sanhita, 2023
The law defines defamation as the act of harming another’s reputation by way of spoken or written words, signs, or visible representations. Section 356 of Bharatiya Nyaya Sanhita (BNS), 2023, provides the legislation governing defamation while superseding the provision of Section 499 of the Indian Penal Code, 1860. Under this provision, persons and organisations are safeguarded from unjustified reputational loss and at the same time fair criticism for the public interest.
What is Defamation?
DEFAMATION involves an act to harm someone by saying or reporting something false. Section 356 of the BNS states a person commits the crime of defamation when:
One makes or publishes any imputation concerning another; or
Says or prints any spoken or written words and signs or such visible representations are intended to injure or cause or are reasonably likely to cause harm to his reputation.
This means that any false statement which may harm another person’s good name in the estimation of society can be considered as defamation, except in the cases covered under specific exceptions.
Defamation of the Deceased and Organizations
The law does not end at living individuals;
– Defamation of a Dead Person: A statement about a dead person would have harmed his reputation if he were alive and is made to hurt the sentiments of his family; it can be said to be defamation.
– Defamation of Corporations and Associations: Statements against corporations, associations, or groups can also be defamation.
– Direct Statements: Whenever a person tells a lie and hurts another person’s reputation, it is defamation.
– Indirect Statements: Even an implied suggestion through irony to convey something wrong is defamation.
– Visual Defamation: Drawing and publishing a cartoon depicting defamation against a person can also be deemed defamation.
Examples:
1. A says, “Z is a truthful man; he never took B’s watch,” with the intention of referring to the fact that Z stole the watch. This is defamatory.
2. A points to Z when asked who took B’s watch, imputing to Z that he did it. This is defamatory.
3. A draws a sketch of Z running away with B’s watch and says he ran away with B’s watch. This is defamatory.
Exceptions to Defamation
Not all speech that harms someone’s reputation is illegal. Section 356 enumerates ten exceptions by which certain statements are exempt from the ambit of defamation:
1. Truth for Public Good: If the statement is true and made in good faith and in the public interest, no action lies for defamation.
2. Fair Criticism of Public Officials: Honest opinion about a public servant’s official conduct does not amount to defamation.
3. Public Questions: Honest judgments regarding public figures and matters of public interest are exempt.
4. Court Reports: Reporting fair and correct judgments and matters done in any court does not constitute libel.
5. Criticisms of Law Cases: Expression of an opinion on a judgment passed by the courts or testimony of a witness is permitted.
6. Criticism of Public Works: Authors, actors, and artists who submit work to the public can be fairly reviewed.
7. Authority-Based Criticism: Employers, teachers, and officials can criticize those under their authority in good faith.
8. Complaints to Authorities: Reporting someone’s wrongdoings to legal authorities is not defamation.
9. Protective Warnings: Cautioning another person in good faith about someone’s behaviour is allowed.
10. Good Faith Caution: Any warning given to another or the public for their guidance as to the character of a person shall not be defamation.
Sentence for Defamation
When any person is convicted of an offence under section 356 of BNS, he shall be liable to be punished with: imprisonment for a term which may extend to two years, or Fine, or Both. Community service can also be awarded.
In addition, printing, engraving, selling or distributing defamatory material could also be subject to the same punishment.
Conclusion
Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023, provides a balance between free speech and the right to reputation. While one is free to express opinions, making false and damaging statements about others can lead to legal consequences. In an era of social media and rapid information sharing, it is crucial to be mindful of statements made in public or online, as defamation laws apply to both traditional and digital platforms.
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