Defamation | A, says-” Z is an honest man; he never stole B’s watch”, intending to cause it to be believed that Z did steal B’s watch. Has A committed any offense? Does it satisfy the essentials of defamation? Give reasons and also refer to relevant provisions, if any, on the point.

Question: A, says—” Z is an honest man; he never stole B’s watch”, intending to cause it to be believed that Z did steal B’s watch. Has A committed any offense? Does it satisfy the essentials of defamation? Give reasons and also refer to relevant provisions, if any, on the point.

Find the answer to the mains question only on Legal Bites. [A, says—” Z is an honest man; he never stole B’s watch”, intending to cause it to be believed that Z did steal B’s watch. Has A committed any offense? Does it satisfy the essentials of defamation? Give reasons and also refer to relevant provisions, if any, on the point.]

Answer

Section 499 defines defamation as—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Explanation 3 states that imputation in the form of an alternative or expressed ironically, may, amount to defamation. The section implies defamation caused by innuendo. When a particular passage is prima facie non-defamatory, the complainant can show that it is really defamatory of him from the circumstances and nature of the publication. The explanation by which the passage is said to be defamatory is called innuendo. The language of irony or sarcasm very often will be more bitter, forcible, and impressive than a bad statement.

It is then necessary for the prosecution to establish that the words, though innocent in appearance, were intended to be used in a libelous sense. So, it may be libelous to say of an attorney that he is an honest lawyer meaning thereby he is being reversed of being honest.

The present facts of the case are borrowed from Illustration (a) appended to section 499. In this case, A says—’Z is an honest man; he never stole B’s watch’; intending to cause it to be believed that Z did steal B’s watch. This is defamation unless it falls within one of the exceptions.

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