Defamation means “The offence of injuring a person’s character, fame, or reputation by false and malicious statements”. In other words, defamation is nothing but causing damage to the reputation of another. Thus, the question of defamation is primarily linked up with one’s reputation.
The criminal law on defamation is contained in sections 499 to 502 of the Indian Penal Code, 1860.
Malice is essential for criminal defamation. Malice is the intentional commission of a wrongful act, absent justification, with the intent to cause harm to others. The term does not necessarily imply personal hatred, a spiteful or malignant disposition or ill feelings of any nature. But rather, it focuses on the mental state which is in reckless disregard of the law in general and of the legal rights of others.
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