BNS Section 356 - Defamation

356. Defamation.--(1) Whoever, by words either spoken or intended to be read, or by signs or by

visible representations, makes or publishes in any manner, 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.

Explanation 1.-- 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 feelings

of his family or other near relatives.

Explanation 2.-- It may amount to defamation to make an imputation concerning a company or an

association or collection of persons as such.

Explanation 3.-- An imputation in the 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 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.

Illustration s.

(a) A says--“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that

Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions.

(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s

watch. This is defamation, unless it falls within one of the exceptions.

(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s

watch. This is defamation, unless it falls within one of the exceptions.

Exception 1.--It is not defamation to impute anything which is true concerning any person, if it be

for the public good that the imputation should be made or published. Whether or not it is for the public

good is a question of fact.

Exception 2.--It is not defamation to express in good faith any opinion whatever respecting the

conduct of a public servant in the discharge of his public functions, or respecting his character, so far as

his character appears in that conduct, and no further.

Exception 3.--It is not defamation to express in good faith any opinion whatever respecting the

conduct of any person touching any public question, and respecting his character, so far as his character

appears in that conduct, and no further.

Illustration.

It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in

petitioning Government on a public question, in signing a requisition for a meeting on a public question,

in presiding or attending at such meeting, in forming or joining any society which invites the public

support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of

the duties of which the public is interested.

Exception 4.--It is not defamation to publish substantially true report of the proceedings of a Court,

or of the result of any such proceedings.

Explanation.-- A Magistrate or other officer holding an inquiry in open Court preliminary to a trial in

a Court, is a Court within the meaning of the above section.

Exception 5.--It is not defamation to express in good faith any opinion whatever respecting the

merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any

person as a party, witness or agent, in any such case, or respecting the character of such person, as far as

his character appears in that conduct, and no further.

Illustration s.

(a) A says--“I think Z’s evidence on that trial is so contradictory that he must be stupid or

dishonest”. A is within this exception if he says this in good faith, in as much as the opinion which he

expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.

(b) But if A says--“I do not believe what Z asserted at that trial because I know him to be a man

without veracity”; A is not within this exception, in as much as the opinion which expresses of Z’s

character, is an opinion not founded on Z’s conduct as a witness.

Exception 6.--It is not defamation to express in good faith any opinion respecting the merits of any

performance which its author has submitted to the judgment of the public, or respecting the character of

the author so far as his character appears in such performance, and no further.

Explanation.-- A performance may be submitted to the judgment of the public expressly or by acts on

the part of the author which imply such submission to the judgment of the public.

Illustration s.

(a) A person who publishes a book, submits that book to the judgment of the public.

(b) A person who makes a speech in public, submits that speech to the judgment of the public.

(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of

the public.

(d) A says of a book published by Z--“Z’s book is foolish; Z must be a weak man. Z’s book is

indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as

much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book,

and no further.

(e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a

libertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is

an opinion not founded on Z’s book.

Exception 7.--It is not defamation in a person having over another any authority, either conferred by

law or arising out of a lawful contract made with that other, to pass in good faith any censure on the

conduct of that other in matters to which such lawful authority relates.

Illustration.

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a

department censuring in good faith those who are under his orders, a parent censuring in good faith a

child in the presence of other children; a school master, whose authority is derived from a parent,

censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith

for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such

cashier as such cashier are within this exception.

Exception 8.--It is not defamation to prefer in good faith an accusation against any person to any of

those who have lawful authority over that person with respect to the subject-matter of accusation.

Illustration.

If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a

servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father, A is within

this exception.

Exception 9.--It is not defamation to make an imputation on the character of another provided that

the imputation be made in good faith for the protection of the interests of the person making it, or of any

other person, or for the public good.

Illustration s.

(a) A, a shopkeeper, says to B, who manages his business--“Sell nothing to Z unless he pays you

ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this

imputation on Z in good faith for the protection of his own interests.

(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the

character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the

exception.

Exception 10.--It is not defamation to convey a caution, in good faith, to one person against another,

provided that such caution be intended for the good of the person to whom it is conveyed, or of some

person in whom that person is interested, or for the public good.

(2) Whoever defames another shall be punished with simple imprisonment for a term which may

extend to two years, or with fine, or with both, or with community service.

(3) 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.

(4) 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.

Of breach of contract to attend on and supply wants of helpless person