Defamation is an injury to the reputation of a person. If a person injured the reputation of another he does so at your own risk as in the case of an interference with the property. A man’s reputation is his property and if possible more valuable than the property.
There are two types of Defamation:
Libel – It is a representation made in some permanent form e.g. writing, printing, pictures etc.
Slander- It is a publication of a defamatory statement in a transient form.
Criminal law in India does not make any distinction between libel and slander unlike in England. Both Libel and Slander are criminal offences under Section 499 I. P. C.
Essentials of Defamation:
(1) The statement must be defamatory.
(2) The said statement must refer to the plaintiff. The statement must be understood by right-thinking or reasonable minded persons, as referring to the plaintiff.
(3) The statement must be published.
(4) In case of slander either there must be proof of special damage or the slander must come within the serious classes of cases in which it is actionable per se.
Case Law: Ram Jethmalani v. Subramaniam Swany-
The case was filled by Ram Jethmalani against Subramaniam Swamy, asserting the charges of defamation on him. Subramaniam Swamy issued a couple of disagreeable remarks throughout procedures of a case under Justice M.C. Jain Commission of Inquiry, which was constituted under the Commission of Inquiry act 1952.
Facts of The Case:
Defendant (Subramaniam Swamy) alleged that the then CM of Tamil Nadu had prior information of the attack and he had a connection with Liberation Tigers of Tamil Ellam (LTTE), however, he denied disclosing the source of information. Plaintiff (Ram Jethmalani ) engaged as senior counsel to represent CM.
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