Report No. 156

Clause 201

12.91. Under this clause the existing section 500 is sought to be substituted. The Law Commission in its 42nd Report considered this aspect and observed that certain changes are necessary in the existing section. Under the existing section the punishment for defamation is one of simple imprisonment which may extend to two years. The Law Commission considered the suggestions for enhancing the same but opined in its 42nd Report that there is no practical justification for doing so.

They, however, recommended that the imprisonment to be imposed should be of either description and accordingly suggested a change. Another suggestion made is that, where the defamatory statement has been published in a newspaper and thus made known to a large number of persons, the fact of the offender's conviction should be similarly published and costs should be made recoverable from the convicted person as if it were a fine.

The amendments are in conformity with the recommendations of the Commission and may be carried out. Likewise, the other sub-sections (1) and (2) are also in accordance with the recommendations of the Law Commission.