Tuesday, May 25, 2010

Will that incident come in provision of defamation?see details India.?

Assume some 2 persons are chating on a website one to one .
One of them tells other 1...''bastard %26 illegitimate'' while chating..
Will that come in the provision of DEFAMATION?India.
Answer:
Section 499 of the Indian Penal code defines defamation as 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 4.-No imputation is said to harm a person鈥檚
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.
In this case the there is a chatting between two person only on net not in estimation of others or in presence of others hence this shall not be covered under the definition of defamation as given under the provisions of the Indian Penal Code. Since this is as such not defamation as not being imputating him in public or in presence of others even the civil damages cannot be allowed in such case.
If the utterance was in the audibility of another person, and if it can be proved by the affected person that his estimation in the mind of the person hearing the abuse is drastically eroded and the defendant not able to adduce substative evidence of the absence of mens rea and that the statement was made in the usual course of conversation, as in the past, and in jest and not with any ill-intention.
any offending word provable is liable for action. but it also depends on the circumstances. while proving, one cannot just pick the offending word and produce as evidence. background of the whole episode is important in deciding the case. it may so happen that the person who uttered the word if is able to prove that the same was made in lighter vain, the case may not stand.

No comments:

Post a Comment

 

easy law Copyright 2008 All Rights Reserved Baby Blog Designed by Ipiet | Web Hosting

vc .net