Commentary on Law of Defamation, Damages, Malicious Prosecution

The term "defamation" has been derived from latin word "diffamare", i.e., spreading evil report about someone. More so, question of defamation is primarily linked up with one's reputation. Therefore, defamation is defined as a publication, without justification or lawful excuse, which is calculated to injure the reputation of another, by exposing him to hatred missal, Discharge, 7 contempt or ridicule. Thus, a false statement about a man to his discredit vice and Punishmen amounts to defamation. The Law of Defamation like many other branches of tort law aims at balancing the interests of the parties concerned. There are the rights that a person has to his reputation vis-a-vis the right to freedom of speech. The Law of Defamation also provides defences to the wrong such as truth and privilege, protecting right of freedom of speech. It is conventional to say that defamation includes a statement concerning any person which exposes him to hatred ridicule or contempt. However, defamation can best be discerned, if it is considered from the point of view of the right, which the defamato y statement is alleged to infringe.

Defamation is Civil as well as Criminal wrong. Contrary to codified criminal law on the subject, the civil law of defamation is not codified. The Criminal Law on the topic is contained in Sections 499 to 502 of the Indian Penal Code, 1860. However, defamation as a Civil wrong is covered under the Law of Torts. So far as dichotomy of defamation being between Civil and Criminal, is mere of conceptual.

Instant treatise is aimed to examine critically the position of defamation laws and judicial intervention in this matter. We tried out best to present prevailing law of picture. In pursuance of advent of electronic communication and various social platforms, we are covering cyber defamation issues very extensively. The recent judicial precedents have been incorporated at proper places in the text of book. A prolific Subject Index also appended at the end of book for easy references. May the work again prove a success at all.