This document discusses criminal defamation under Indian law. It defines defamation and explains that in India, defamation can be both a civil and criminal offense. Under the Indian Penal Code, a person found guilty of criminal defamation can be sentenced to up to two years in jail. Some common defenses against defamation claims include proving the statement was true, that it was a privileged communication, or constituted fair comment. The document also discusses a Supreme Court case involving the actor Shah Rukh Khan regarding alleged defamatory dialogue in one of his films.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government.
It is through free speech, people could come together to achieve political influence, to strengthen their morality, and to help others to be
The freedom of speech is regarded as the first condition of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties.
Detailed Presentation on Defamation Law in India
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government.
It is through free speech, people could come together to achieve political influence, to strengthen their morality, and to help others to be
The freedom of speech is regarded as the first condition of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties.
Detailed Presentation on Defamation Law in India
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
The first of clause (1) provides that “no person shall be convicted of any offence except for violation of ‘law in force’ at the time of the commission of the act charged as an offence”. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.
The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted
The expression ‘self-incrimination’ means “conveying information based upon personal knowledge of the person giving information involving himself to be the prime part taken in the offence.” A person shall not be asked to make statements against himself (i.e. self-harming statements/confessional statements).
Defamation is a legal term that refers to any statement made by a person, whether verbal or printed, that causes harm to another person’s reputation or character.
It is the communication of a statement that makes a claim, expressly stated or implied to be accurate, that may give an individual, business, product, group, government, religion or nation a negative or inferior image.
This topic will let you understand what defamation is and how it works in india about laws too.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATIONTejinder Bhatti
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
BlBased
Article 19(1) (a) of the Constitution of India states that, “all citizens shall have the right to freedom of speech and expression”. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The exercise of this right is, however, subject to “reasonable restrictions” for certain purposes being imposed under Article 19(2) of the Constitution of India.
The first of clause (1) provides that “no person shall be convicted of any offence except for violation of ‘law in force’ at the time of the commission of the act charged as an offence”. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.
The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted
The expression ‘self-incrimination’ means “conveying information based upon personal knowledge of the person giving information involving himself to be the prime part taken in the offence.” A person shall not be asked to make statements against himself (i.e. self-harming statements/confessional statements).
Defamation is a legal term that refers to any statement made by a person, whether verbal or printed, that causes harm to another person’s reputation or character.
It is the communication of a statement that makes a claim, expressly stated or implied to be accurate, that may give an individual, business, product, group, government, religion or nation a negative or inferior image.
This topic will let you understand what defamation is and how it works in india about laws too.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
DIFFERENCE BETWEEN CONSTRUCTION AND INTERPRETATIONTejinder Bhatti
Interpretation means the art of finding out the true sense of an enactment by giving the words their natural and ordinary meaning whereas Construction means drawing conclusions in the basis of the true spirit of the enactment.
Interpretation takes place when we look for the original meaning of the constitution. All other forms of constitutional analysis engage in construction
BlBased
Article 19(1) (a) of the Constitution of India states that, “all citizens shall have the right to freedom of speech and expression”. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The exercise of this right is, however, subject to “reasonable restrictions” for certain purposes being imposed under Article 19(2) of the Constitution of India.
I HOPE THIS IS USE FULL FOR ALL..........
Our department is going to organizing a two day National seminar on "Inclusive Growth, Poverty eradication and Economic Development in India" on November 05th &06th 2014. The organizing committee has the greatest pleasure in inviting you to participate in forth coming National seminar.
Creating Harmonious Civilization – Alleviating Crimes against Women by Laj Utreja, Director, Institute of Global Harmony
Surendra Pathak, (PhD) Director, Research, IASE, Sardarshahr
at Indian Institute of Technology, Delhi
April 18, 2013
Defamation Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
Summary: There has often been a demand for absolute freedom of speech from various interest groups. However scope and limits of freedom of speech and expression are limited by its constraints. Hence absolute freedom of speech and expression is only a mirage.
Author: Dr Mahesh C. Jain is a practicing medical doctor and has written the book “Encounter of Science with Philosophy – A synthetic view”. The book begins with first chapter devoted to scientifically valid concept of God and then explains cosmic phenomena right from origin of nature and universe up to origin of life and evolution of man. The book includes several chapters devoted to auxiliary concepts and social sciences as corollaries to the concept of God. This is the only book which deals with origin of nature and universe from null or Zero or nothing.
http://www.sciencengod.com
http://curatio.in
Social Media and Cyber Law in India By Prashant MaliAdv Prashant Mali
Social Media and Cyber Law for DSCI Infosec event - Prashant Mali
Section 66A of the IT Act,2000 and freedom of expression on internet and social networking websites
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
2. WHAT IS DEFAMATION?
Defamation is the communication of a false statement that harms the reputation of an individual
person, business, product, group, government, religion, or nation.
In India, defamation is both civil and criminal offence. The remedy for a civil defamation is
covered under the Law of Torts. In a civil defamation case, a person who is defamed can move
either high court or subordinate courts and seek damages in the form of monetary
compensation from the accused.
The Indian penal Code, 1860 provides an opportunity for the defamed person to file a criminal
case against the accused. Under sections 499 and 500 of the IPC, a person guilty of criminal
defamation can be sent to jail for two years.
If defamation occurs in spoken words or gestures (or other such transitory form) then it is termed
as slander and the same if in written or printed form is libel.
3.
4. DIFFERENCE BETWEEN CRIMINAL & CIVIL DEFAMATION?
1. In Civil defamation, a mala fide intention to defame is not always necessary while a
Criminal defamation must contain some deliberate malice or mala fide intention, to
cause damage to reputation of someone.
2. In civil defamation, Court fees are required to be paid as per value of damages caused
to reputation whereas court fees are NOT required at the level of a civil case in a criminal
defamation case.
3. At the end of case, court punishes offender if defamation is proved in criminal case and
awards damages to compensate loss to reputation if defamation is proved in civil
defamation case.
5. FREEDOM OF SPEECH VS CRIMINAL DEFAMATION
Article 19 (1) (a) of the Constitution
guarantees every citizen of India
the freedom of free speech and
expression.
Article 19(2) limits the freedom of
speech with reasonable restrictions.
6. Every citizen has a right to freedom of speech and expression unless this freedom goes against
the following:
The sovereignty and integrity of India.
Security of the State.
Friendly relations with foreign states.
Public order, decency and morality.
Or is in relation to contempt of court, DEFAMATION,
or incitement to an offence.
From the above we see that freedom of speech is not applicable in case of defamation.
Section 499 of the Indian Penal Code defines what qualifies as criminal defamation.
Criminal defamation refers to intentionally harming someone’s reputation.
If the intent is not clear, then the lawsuit becomes a civil defamation.
7. DEFAMATION AS AN OFFENCE
There are certain basic requirements for a successful defamation suit:
First, the presence of defamatory content is required. Defamatory content is defined as one
calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule.
Second, the claimant should be identified in the defamatory statement. The content must be
clearly addressing a particular person or a very small group for it to be defamation.
Third, there must be a publication of the defamatory statement in either oral or written form.
Unless the content is published – made available to someone other than the claimant, there can
no defamation.
Under a civil suit, once all these conditions are satisfied, a defamation suit subsists, and the defendant
has to take up a defense. If the defendant fails to do so satisfactorily, the defamation suit is
successful.
Under a criminal suit, intention to defame is an important element. In the absence of intention, the
knowledge that the publication was likely to defame or is defamatory becomes essential. All this is
further subject to the normal standard of proof in criminal cases: beyond reasonable doubt.
8. SOME COMMON DEFENCES TO DEFAMATION
Truth: It is not defamation to impute anything, which is true, concerning any person. In
India, truth is an absolute defense in Civil Cases however; in Criminal cases, the true
statement must also be an imputation for public good. Therefore, irrespective of the
intentional of an individual, no defamation suit can be brought against someone if he
imputes something true (and for public good under section 499, IPC).
Privilege: Individual may be protected from claims of defamation under tort or even
criminal defamation by a privilege conferred on them by law. Absolute privilege irrespective
of intention to defame is conferred upon Government officials, Judges and other such
public officials in discharge of their public functions by the law. Journalists are however
given Qualified privilege, valid only if made without the intention to defame.
Fair Comment: In case of defamatory opinions, the exception of fair comment is allowed.
The publication has to be clearly expressed as an opinion and should not mixed up with
facts. Also, the opinion should be one that a fair-minded person is capable of holding such
opinion even if the reasoning is illogical.
9. SHAH RUKH KHAN VS STATE OF RAJASTHAN & ORS
In a nutshell, the facts of the case are that, in 1996, under the direction of Mr. Rajiv Mehra, a
Hindi film Ram Jaane was released for public viewing after due certification by the Central Board
of Certification. The Petitioner played the role of the protagonist in the film. In the later part of
the film, the hero is tried for triple murders.
In the courtroom scene, the defense lawyer gets up to defend
the hero who is, however, bent upon confessing his crime.
He, therefore, questions the conduct of the lawyer and says:
“This lawyer well knows that I have killed the three persons,
yet he tries to save me. Why? For the sake of money, no?
For the sake of money, he sells his morals. He sells the laws.
By selling the laws, you people have turned life into a misery.”
(English translation of the Hindi dialogue)
10. An open reading of the script clearly establishes that neither the theme of Ram Jaane, nor
its plot, is geared to parody the legal profession. It is a commonplace in the criticism of
fiction that plot is the surest index of the work's meaning. There is little in this film to
suggest that it was composed merely to parody the legal profession lock, stock, and barrel.
And the intention that is not integral to the work can't, by any honest critic, be imposed
upon it.
The law requires that the defamatory statement, in order to be actionable, be made against
a definite and an identifiable group. However, lawyers taken as a class cannot be identified
with any particular individual, indefinite, and unidentifiable as the members are: Firstly, the
members of this class are too varied to be reduced to a few traits. Their is not a
homogenous class, but a heterogeneous one, made up of wonderfully different individuals.
Secondly, they are spread over the length and the breadth of the land. Thirdly, the class is
always in flux, ever changing, as new lawyers enter and old ones depart the profession. The
entire members of the class are clearly unidentifiable and indeterminable.
11. To conclude, quotation of renowned author William Shakespeare.
The quotation sums up defamation and its requisite perception. In his famous work ‘Othello’:
“He that filches from me
my good name, Robs me of that,
which not enriches him,
and makes me poor indeed.”
CONCLUSION