● Modified in BNS
Defamation -- making or publishing an imputation concerning a person intending to harm, or knowing it is likely to harm, their reputation -- carried ten specific exceptions under the IPC (truth for public good, fair comment, and others). BNS Section 356 consolidates the definition, exceptions and punishment into one section, and adds community service as a sentencing option.
Section 499 IPC defined defamation (with its explanations and ten exceptions), and Section 500 punished it with simple imprisonment up to 2 years, or fine, or both.
BNS Section 356 consolidates the definition, exceptions and punishment of defamation in one section. Punishment: simple imprisonment up to 2 years, or fine, or both, or community service.
Definition and exceptions retained; consolidated with the punishment into BNS 356, and community service added as a sentencing option.
Simple imprisonment up to 2 years, or fine, or both, or community service..
IPC 499 is bailable..
This is a non-cognizable. offence.
Compoundable..
Matters under IPC 499 are tried before the Magistrate of the First Class (Court of Session where the complaint concerns certain public servants and is filed by the Public Prosecutor)..
The ten IPC exceptions carry over: truth spoken for the public good, fair comment on the public conduct of public servants, fair comment on public performances, fair reporting of court and legislative proceedings, and merit-based opinion given in good faith, among others.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons