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  • Read the passage and answer the questions that follow. Defamation is an injury to the reputation of a person. Rightly, law gives protection to man’s reputation as i

Read the passage and answer the questions that follow.

Defamation is an injury to the reputation of a person. Rightly, law gives protection to man’s reputation as it gives protection to his life and property. “Defamation” has been recognised as a civil wrong in the Law of Torts. “Defamation” has been recognised as a criminal wrong in the Law of Crimes. The pain it causes, if nothing else may be enough to keep one man apart from another. It may provoke a breach of the peace and disturb public tranquillity. The law cannot, therefore allow it. All systems of jurisprudence have recognised reputation as one of the four cardinal rights of man, the other three being rights relating to person, property and liberty. Artificial persons also have reputation. Section 44 defines an injury as harm illegally caused to any person in body, mind, reputation or property. Harm which can be legally caused is not punishable. A man may suffer from the disclosure of the fact that he has been convicted of theft and public good may require such disclosure.

In the Criminal Law, the wrong-doer is punished with imprisonment or with fine or with both. In Indian Penal Code, the Section 499 defines-“Defamation”, and also gives ten exceptions for it, along with fifteen illustrations. Section 500 imposes punishment for defamation. Sections 501 and 502 also deal with printed defamatory matter. According to Section 500, whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both Nature of offence:

The offence under Section 500 in case of public servant is non-cognizable, bailable, compoundable with permission of the Court before which any prosecution of such offence is pending and triable by Court of Session and in any other case, non-cognizable, bailable, compoundable, and triable by Magistrate of the first class. According to Section 501, 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 lay extend to two years, or with fine, or with both. According to Section 502, 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.

Question: X makes a caricature against Y who is a politician of high repute. The caricature by X makes a mockery of Y’s economic policies. Y sees the caricature and finds it to be disrespectful to him and his reputation. Choose the best answer.

 

Option: 1

X can claim defence under Article 19 of the Constitution of India, which is the Right to Freedom of Speech and expression.

 


Option: 2

X can claim defence if he is able to prove that what was made is meant for the public good.

 


Option: 3

X can claim defence as caricatures are neither spoken word nor written statement


Option: 4

None of the defences are valid. 

 


Answers (1)

best_answer

Option a) is not the best defence since Article 19 of the Constitution of India is subject to reasonable restrictions. Option c) is not the right defence as caricatures come under the purview of libel. However, the statement that the caricature conveys can be claimed to be true if X proves that the economic policies are indeed not healthy for the common public. Since option b) is true, option d) becomes incorrect.

 

Posted by

rishi.raj

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