Code: Section 356 BNS
(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.
Illustrations.
(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.
Illustrations.
(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.
Illustrations.
(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.
Illustrations.
(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.
Explanation of Section 356 BNS
Section 356 of the Bharatiya Nyaya Sanhita (BNS) deals with the legal framework surrounding defamation, which involves making statements that harm another person’s reputation. The section outlines what constitutes defamation, the exceptions, and the penalties involved.
Key Provisions:
- Definition of Defamation:
- Making or publishing false statements that harm someone’s reputation.
- Applies to spoken words, written words, signs, or visible representations.
- Exceptions (Where It Is NOT Defamation):
- Truth for Public Good: If the statement is true and made for public benefit.
- Good Faith Opinions: Regarding the conduct of public servants or individuals on public matters.
- Court Proceedings: Substantially true reports of court proceedings.
- Personal Interests: Statements made in good faith for personal or public protection.
- Cautions for Good: Advising others in good faith about potential harm.
- Punishment:
- Simple imprisonment up to 2 years,
- Fine, or
- Both, including community service.
- Additional Provisions:
- Printing/Engraving Defamatory Material: Punishable if done knowingly.
- Selling Defamatory Material: Punishable if done knowingly.
Illustrations
Example 1: Spoken Defamation
A tells B in a crowded place, “Z is a fraudster who embezzled funds.”
- If A knows this is false and intends to harm Z’s reputation, this is defamation.
Example 2: Written Defamation
B writes an article falsely accusing C of corruption and publishes it in a newspaper.
- B is liable under Section 356 if the intent was to harm C’s reputation.
Example 3: Exception – Public Good
D truthfully reports a government official’s misconduct in a public forum.
- Since it serves the public good, this does NOT constitute defamation.
Common Questions and Answers
1. What is defamation under Section 356?
- Answer: It is the act of making false statements, spoken or written, that harm someone’s reputation.
2. Does truth protect against defamation claims?
- Answer: Yes, if the statement is true and made for the public good.
3. Can defamation apply to deceased persons?
- Answer: Yes, if the statement harms the reputation of the deceased’s family or close relatives.
4. Are opinions considered defamation?
- Answer: Only if the opinion is not based on facts and is made with the intent to harm someone’s reputation.
5. What are the penalties for defamation?
- Answer: Up to 2 years of imprisonment, fines, both, or community service.
Exceptions to Defamation (Detailed)
- Truth for Public Good: Statements made in the public interest, even if they are negative, are not defamation if true.
- Good Faith Opinions: Opinions about public officials’ conduct are protected if expressed in good faith.
- Court Proceedings: Reports of court cases are not defamation if substantially true.
- Personal or Public Interest: Statements made to protect personal or public interest are exceptions.
- Cautions in Good Faith: Advising someone in good faith about another’s character is not defamation.
Conclusion
Section 356 BNS plays a crucial role in protecting individuals and entities from harmful, false statements while also balancing the need for freedom of expression. It defines defamation clearly, outlines what is acceptable, and prescribes penalties for violations.
