What is Criminal Defamation Case
Source : PIB
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Overview
- News in Brief
- Moral Turpitude and Serious Offence
Why in News ?
The Gujarat High Court used standard in its 125-page decision recently concluding that Rahul Gandhi’s conviction in the criminal defamation case constitutes a serious offence and one involving moral turpitude.
News in Brief
- Two criteria must be met in order for a court to delay a conviction for an offence.
- A 2014 Supreme Court ruling and the Code of Criminal Procedure both provide that it cannot be a Serious Offence or an offence involving Moral Turpitude.
- According to the court under the facts and circumstances of the case, the offence committed by the accused falls in the category of moral turpitude also.
- The revisioner has breached modesty, even if his version is accepted and further revisioner owes a duty to each individual and society in general not to influence the election on the basis of false facts.
- Magistrate court in Surat convicted Rahul for criminal defamation under Section 499 of the IPC.
Note : Section 499 defines defamation and Section 500 prescribes the punishment. All substantive crimes and their penalties are covered in IPC. The details of every step in the administrative process of dealing with a crime are included in the CrPC.
Section 499 IPC
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 expected, to defame that person.
Section 500 IPC
- Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
- IPC 500 is a Non-Cognizable (Offences for which the police cannot make an arrest without the prior permission of the court).
- IPC 500 is a Bailable offence.
Moral Turpitude and Serious Offence
- Shyam Narain Pandey v State of Uttar Pradesh 2014
Photo by niu niu on Unsplash - Moral turpitude was listed by the Supreme Court as one of the grounds to take into account while staying a conviction.
- The word not mentioned in the law but understood to include crimes such as murder or rape.
- Maulik Kotak v. State of Maharashtra 2014
- Bombay High Court ruled that only the individual who was wronged and defamed may file a defamation complaint.
- Shreya Singhal Vs. Union of India:
- It dealt with internet defamation.
- Section 66A of the Information Technology Act, 2000 unconstitutional which punishes for sending offensive messages through communication services.
- Section 389 of the Code of Criminal Procedure
- The individual convicted must convince the court that his sentence does not exceed three years for the conviction to be overturned.
- This is taken to imply that the conviction was not for a serious offence.
- Section 2(54) of the Indian Penal Code
- Serious offences” as offences for which the punishment is imprisonment between three and seven years.
What is Defamation in IPC?
- It is referred to as defaming that person when an improper or inaccurate remark, allegation, or false imputation is made or published about that person, whether by words, oral communication, visual clues, or any other means.
- Under Section 499 of the IPC, defamation is addressed.
What are the factors of defamation?
- It must be done with the intention of harming the person it is done to.
- Communicated either vocally, in writing, graphically, or through signs.
- Making such accusations public
Slander comes in both written and verbal forms. Libel is the term for written defamation, whereas slander is the phrase for spoken defamation.
In India, both libel and slander are considered crimes with no differentiation between the two.
Criminal versus civil defamation
- Civil defamation
- A person who has been falsely accused may file a lawsuit in the High Court or a lower court and demand monetary damages.
- There is no jail term or other type of retribution.
- Criminal Defamation
- According to this, the defendant in a defamation lawsuit may get a two-year prison term, a fine, or both.
- Rahul Gandhi faced Criminal Defamation.
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