DIFFERENCE BETWEEN CRIMINAL DEFAMATION AND CIVIL DEFAMATION
Defamation is always treated as an offence in both criminal and civil law. Civil defamation comes under law of torts and criminal defamation comes under IPC section 499 to IPC section 502. There have a major difference between both the criminal and civil defamation.
By the IPC section, the criminal defamation is stated below:
Section 499: 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.
Explanations
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 fellings of his family or other near relatives.
It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
An imputation in the form of an alternative or expressed ironically, may amount to defamation.
No imputation is said to harm a person’ 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.
Section 500: Punishment for defamation
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both
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Section 501: Printing or engraving matter known to be defamatory
Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
section 502: Sale of printed or engraved substance containing defamatory matter
Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
By the law of tort, civil defamation is stated below:
Defamation in the law of Tort
Tort means a wrongful act rather than offence in criminal law in India. When tort law is considered defamation is wrong in nature when it harms the reputation of the person who is alive. So according to the law of tort, defaming a deceased person is not considered as a wrongdoing. But this does not mean that anyone can defame a dead person and there will be no action against it. If the defamatory statement causes a negative impact to the heir of the dead person, an action can be taken for it. Anyone who found guilty will be responsible for paying the compensation for the damages caused.
Navneet Sahu 