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Defamation

Introduction 
Defamation occurs when someone intentionally makes false statements or representations that harm the reputation of another person. In this article, we will focus on defamation law in light of Bharatiya Nyaya Sanhita, 2023 (BNS)

A Brief History on Defamation:
Defamation laws have ancient roots, emphasizing the preservation of an individual's honor and reputation. In India, these laws were shaped by common law principles inherited during British colonial rule. The IPC, enacted in 1860, codified various criminal offenses, including defamation, in Sections 499, 500, 501, and 502.

Ingredients of Defamation:
To establish defamation under the Bharatiya Nyaya Sanhita, 2023 (BNS), several essential elements must be fulfilled:
1. False Statement: The statement must be false, not based on truth or reality.
2. Harm to Reputation: The false statement should have the potential to harm the individual's reputation in social, professional, or personal spheres.
3. Publication: The false statement must be communicated to at least one person other than the speaker and the defamed individual.
4. Intent or Knowledge: The person making the false statement must have the intention to harm or the knowledge that it is false and likely to harm the reputation.

Types of Defamation:
1. Libel: Involves false and defamatory statements expressed in writing, print, or visible forms, with lasting effects. 
Illustration: Defamatory comments about a person on social media.

2. Slander: Involves spoken defamatory statements or gestures. 
Illustration: Spreading false rumors about someone at a public gathering.

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