Section 499 in The Indian Penal Code, 1860
499. Defamation.—
Whoever, by words either spoken or intended to be read, or by signs ... form of an alternative or expressed ironically, may amount to defamation. Explanation 4.— No imputation is said to harm a person’s reputation, unless that
reasonably know that his/her conduct could cause such
harm. Explanation 2 to Section 499 further states that `It
may amount to defamation ... within the meaning of Section 198 CrPC, 1898.
The Court also took note of Explanation 2 to Section 499
IPC which contemplates defamation
passage of time.
v. The Explanations and Exceptions appended to the main
provision contained in Section 499 IPC, in case the constitutionality ... reason, provisions contained in
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Section 199(2) to (4) CrPC are liable to be struck down.
vii. Section 499 IPC read in conjunction
moral or intellectual character of respondent No.2 and, therefore,
Explanation 4 to Section 499 of the IPC, which imposes restrictions ... they
cannot now be permitted to rely upon Explanation 4 and Tenth Exception
to Section 499 IPC so as to build up a totally
matter in controversy depends upon the true construction of Section 499 , Indian Penal Code, which contains four explanations and ten exceptions: Channing Arnold ... last resort, Mr. Bose has argued that if the language of Section 499 , Indian Penal Code, militates against his contention, there is a respectable
within one of the exceptions mentioned in Section 499 of the Indian Penal Code? Section 499 of the Indian Penal Code provides that ... various exceptions contained in the Code. Sections 77 and 79 and the exceptions to Section 499, if I may use the expression, just grazed
letter in question came within the purview of Exception 8 to Section 499 of the Indian Penal Code and on that score as well ... lower the moral or intellectual character of the person defamed. Explanation 4 to Section 499 of the Indian Penal Code provides!
No imputation
that the notice contained defamatory matter within the terms of Explanation 4, Section 499 of the Indian Penal Code, and that the communication ... Section 499 of the Indian Penal Code must be gathered; for an examination of the entire section, with its explanations and exceptions, shows that
only with association or collection of persons as such. What Explanation-2 to Section 499 IPC speaks of is an association or collection ... consider whether the case in hand specifies the test of Explanation-2 to Section 499 of the I.P.C. The imputations are alleged
learned counsel for the petitioners
is that in view of Explanation 4 to section 499, Annexure A report will
not come within the purview ... Section 499. Explanation 4 to Section
499 reads:
"No imputation is said to harm a person's
reputation, unless that imputation