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Which of the following cases involving defamation is/are correct ?
1. It can be either civil or criminal defamation.
2. While civil defamation is clearly defined under Indian laws, criminal defamation is derived from case laws.
3. Punishment can be simple imprisonment for a term that may extend to two years, with a fine, or with both.
Choose the correct answer using the code given below :
  • a)
    3 only
  • b)
    1 and 2 only
  • c)
    1 and 3 only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Which of the following cases involving defamation is/are correct ?1. I...
Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man. Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone's reputation is defamation. A man's reputation is treated as his property and such damage are punishable by law. It could be written or verbal. Written defamation, printed or typed material or images is called as libel and spoken defamation is called slander. Article 19 of the Constitution grants various freedoms to its citizens. However, Article 19(2) has imposed reasonable exemption to freedom of speech and expression granted under Article 19(1) (a). Contempt of court, defamation and incitement to an offence are some exceptions Under Indian law, defamation is both a criminal (punishable with imprisonment) as well as civil offence (punishable through the award of damages). So, Statement 1 is correct.
Criminal defamation is clearly defined under Indian laws; Civil defamation is derived from case laws. Defamation as a civil offence is punishable under the law of torts; the legality of civil defamation was at issue in R. Rajagopal v. State of Tamil Nadu (1994). in comparison, the criminal law on defamation is codified under the Indian Penal Code, 1860 ("IPC"). Criminal defamation is an offence that is punishable under the Indian Penal Code 1860. Under Sections 499 and 500 of the 1860 Code, slander is a crime. Criminal defamation is a compoundable and non-cognizable offence that is subject to bail. So, Statement 2 is not correct.
Section 501 of the IPC states that any person who prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to 2 years, or with fine, or with both. So, Statement 3 is correct. 
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Most Upvoted Answer
Which of the following cases involving defamation is/are correct ?1. I...
Defamation is a legal concept that refers to the act of making false statements that harm the reputation of an individual or entity. It can be categorized into civil defamation and criminal defamation, each with its own set of rules and consequences. Let's analyze each statement in detail to determine which ones are correct.

1. It can be either civil or criminal defamation.
- This statement is correct. Defamation can be pursued as either a civil or criminal case, depending on the jurisdiction and the severity of the offense. In civil defamation, the aggrieved party can file a lawsuit seeking compensation for the damage caused to their reputation. On the other hand, criminal defamation involves the state prosecuting the defendant for the offense, which can lead to imprisonment or a fine.

2. While civil defamation is clearly defined under Indian laws, criminal defamation is derived from case laws.
- This statement is incorrect. In India, both civil and criminal defamation are recognized and defined by statutory law. Civil defamation is governed by the Indian Penal Code (IPC) and the Code of Civil Procedure, while criminal defamation is specifically addressed in Section 499 and 500 of the IPC. These laws provide clear guidelines and definitions for both types of defamation.

3. Punishment can be simple imprisonment for a term that may extend to two years, with a fine, or with both.
- This statement is correct. Under Indian law, criminal defamation is punishable with imprisonment for a term that may extend up to two years, along with a fine. The severity of the punishment can vary depending on the circumstances of the case and the discretion of the court.

Based on the analysis above, it can be concluded that statements 1 and 3 are correct, while statement 2 is incorrect. Therefore, the correct answer is option 'C' - 1 and 3 only.
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Which of the following cases involving defamation is/are correct ?1. It can be either civil or criminal defamation.2. While civil defamation is clearly defined under Indian laws, criminal defamation is derived from case laws.3. Punishment can be simple imprisonment for a term that may extend to two years, with a fine, or with both.Choose the correct answer using the code given below :a)3 onlyb)1 and 2 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?
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