Question

PRINCIPLE: 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 to defame that person.
FACTS: In community there is a custom of stealing shoes bridegroom during the marriage ceremony. The shoes of the bridegroom were stolen by Y. 'A' announced that Z has stolen the shoes. Everyone present in the marriage party started staring at Z with great surprise. Z felt very ashamed.

• A. A defamed Z
• B. A did not defame Z
• C. A defamed Z for Z felt very ashamed
• D. A defamed the whole marriage party

Answer 1

The correct option is B A did not defame Z

A did not defame Z since A did not intend to harm or had the reason to believe that such remarks will harm Z's reputation. It was a prevailing custom of the community to steal shoes, this shows that A did not had the reason to believe that such imputation could harm the reputation of Z.

Defamation is an English concept and a civil tort. Therefore, civil defamation is covered under the law of tort. However, defamation is defined under section 499 of IPC.