Exemptions to Section 499 IPC
Explain with suitable examples 'Exceptions for IPC Sec 499’
IC Sec 499 states that:
“ 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 excepted, 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.”
Exceptions:
1) Imputation of truth in public interest for public good
2) Public conduct of public servants
3) Conduct of any person touching any public question
4) Publication of Reports of Proceedings or Courts
5) Merits of a case decided in court or conduct of witnesses and others
6) Merits of public performance
7) Censure passed in Good faith by person having lawful authority over another
8) Accusation preferred (made) in good faith to authorized person
9) Imputation made in good faith by person for protection of his or other’s interest
10) Caution intended for good
IC Sec 499 states that:
“ 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 excepted, 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.”
Exceptions:
1) Imputation of truth in public interest for public good
2) Public conduct of public servants
3) Conduct of any person touching any public question
4) Publication of Reports of Proceedings or Courts
5) Merits of a case decided in court or conduct of witnesses and others
6) Merits of public performance
7) Censure passed in Good faith by person having lawful authority over another
8) Accusation preferred (made) in good faith to authorized person
9) Imputation made in good faith by person for protection of his or other’s interest
10) Caution intended for good