Detail:
Essential Ingredients of ‘defamation’: -
There are three main ingredients of the offence of defamation
(i) making or publishing any imputation concerning any person;
(ii) such imputation must have been made by-
(a) words, either spoken or intended to be read; or
(b) signs; or
(c) visible representations.
(iii) such imputation must be made with the intention of harming or with the knowledge or with reasons to believe that it will harm the reputation of that person.
It is clear that the means rea to cause harm is the most essential sine qua non for an offence under Section 499 of the Indian Penal Code. To constitute ‘defamation’ under Section 499 of the Code, there must be an imputation and such imputation must have been made with intention of having or knowing or having reason to believe that it will harm the reputation of the person about whom it is made. In essence, the offence of defamation is the harm caused to the reputation of a person. It would be sufficient to show that the accused intended or knew or had reason to believe that the imputation made by him would harm the reputation of the complainant, irrespective of whether the complainant actually suffered directly or indirectly from the imputation alleged.
In respect of the offence of defamation, Section 199 of the Code of Criminal Procedure mandates that the Magistrate can take Cognizance of the offence only upon receiving a complaint by a person who is aggrieved. Section 199 of the Cr PC laid down an exception to the general rule that a criminal complaint can be filed by anyone irrespective of whether he is an ‘aggrieved person’ or not.
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