Defamation

What this section does

Defamation consists of making or publishing any imputation—by words (spoken or written), signs, or visible representations—concerning any person with intent to harm, or knowing or having reason to believe it will harm, that person's reputation. The section provides an extensive list of exceptions (including truth for public good, fair comment on public servants, court proceedings, literary criticism, and good-faith accusations) and explanations covering imputations against deceased persons, companies, and ironic or alternative statements.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Simple imprisonment up to 2 years, or fine, or both (see s.356(2) — punishment provision is contained within the section's sub-sections not reproduced in full above; practitioners should verify the complete text).

Triable by

Magistrate of First Class

Cognizable

No

Bailable

Yes

Compoundable

Yes

Ingredients (what prosecution must prove)

1. The accused made or published an imputation concerning any person
2. The imputation was made by words (spoken or intended to be read), signs, or visible representations
3. The accused intended to harm the reputation of that person, or knew or had reason to believe the imputation would harm their reputation
4. The imputation does not fall within any of the ten statutory exceptions

• IPC Section 499 — Defamation