Author Profile

Legal India News Admin

Posted On by &filed under .

What are the conditions to be satisfied under criminal law in defamation case?

What are the conditions to be satisfied under criminal law in defamation case?

In a criminal suit, the complainant should be able to prove the accused intended to defame him. In the absence of intention it must be established that the alleged offender had knowledge that the publication was likely to defame the person. Normal stand of proof in criminal cases, which is to prove the offence beyond reasonable doubt, should also be placed before the court.

Conditions to be satisfied in a civil suit

Law defines defamatory content as one “calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule.” This is the first condition required to be fulfilled under the civil remedy.

Second, the claimant should be identified in the defamatory statement. It must address a particular person and no broad based classification is acceptable.

And lastly there must be publication of the defamatory statement in either oral or written form. A civil defamation law would stand once these conditions are attained. The defendant then has to plead his defense.

Defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamationin specific ways. Libel is a written defamation; slander is a spokendefamation.

Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *