We have already learnt that defamation is an injury to a person’s reputation which is considered as his property. Let us now study the concerned Section in the Indian Penal Code. Sec.499 of IPC says:
“whoever by words either spoken or intended to be read, or by signs or by visible representation, makes or publishes any imputation concerning any person intending to harm, 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”
An offence of defamation can be committed not only by spoken word or ·written statement but also by signs visible representations. That means an offending cartoon or photograph may also give rise to action for defamation. The ingredients of the offence of defamation are:
An imputation concerning the person must have been made.
Such imputation must have harmed, or there is reason to believe that it has the tendency to harm, the reputation of the person concerning whom it is made.
Imputation means an accusation against a person and implies an allegation of fact and not merely a term of abuse or insult. In order to constitute the offence of defamation, it is not necessary that an injury to the reputation of the complainant must have been actually caused. It is enough if the offending statement is made with the intention of harming the reputation of the complainant or with knowledge or reason to believe that it will harm his reputation.
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