Defamation on whats app group

Dear Querist,

Yes, one can file a defamation case as, Defamation is punishable under section 500, Indian Penal Code, 1860 with up to two years of imprisonment or with fine or with both. The degree of burden of proof is on the higher side.

In order to hold a person guilty of this offence, following essentials needs to be proved:

The accused must have 'made' or 'published' any imputation concerning any person (actus reus) It must be proved that he did it with: The intention to harm, or, The knowledge, or,

The reason to believe that such imputation will harm, the reputation of such person (mens rea)

The Supreme Court in the case of Subramanian Swamy v. Union of India, Ministry of Law & ors.[2] recognized that 'Right to reputation' is a property of a person. The Court was called upon to decide the constitutional validity of section 499, IPC. The Court held that Section 499 is not an excessive restriction under Article 19(2). It held that society is a collection of individuals, and what affects individuals also affects the society as a whole. Hence, it held that it is valid to treat defamation as a public wrong. It held that criminal defamation is not a disproportionate restriction on free speech, because protection of reputation is a fundamental right as well as a human right.

Regards,

Palak