BACK TO SECTIONS(2016) 7 SCC 221
BailableCognizable: Non-CognizableMagistrate First Class
THE STATUTE
Original Text
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes 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.
Simplified
Section 499 defines defamation and lists ten exceptions protecting free speech. The core: making or publishing any imputation about a person (by words, signs, or visible representations) with intent to harm or knowledge of likely harm to their reputation. The ten exceptions are crucial: truth for public good, fair commentary on public servants' conduct, fair report of court proceedings, opinion on administered justice, fair opinion on public performances, good-faith censure by person with authority, complaint to authority in good faith, and several more. The constitutionality of criminal defamation was upheld in Subramanian Swamy v. Union of India (2016) — the Supreme Court held that the 'Right to Reputation' under Article 21 outweighs the accused's free speech claims.
Legal Evolution
Subramanian Swamy v. Union of India (2016) — politicians and public figures can sue for criminal defamation, not just civil damages. The provision remains one of the few instances where India criminalises pure speech.
Landmark Precedents
Subramanian Swamy v. Union of India (2016)
RELEVANCE
Supreme Court upheld constitutional validity of criminal defamation as a reasonable restriction on free speech, protecting the right to reputation under Article 21.
Practical Scenarios
"Publishing a false report claiming a politician embezzled funds — criminal defamation if knowingly false."
"Spreading rumours on WhatsApp that a shopkeeper is a thief, causing their business to collapse — Section 499."
"A legal commentator giving honest critical opinion of a court judgment — protected as fair criticism."
Common Queries
No — in CRIMINAL defamation, truth must ALSO be for 'public good.' Truth alone is insufficient if it serves no legitimate public interest.
IPC 499/500 → BNS 356. BNS 356 introduces community service as an additional punishment option — the first time community service appears in criminal defamation law.