Defamed? It can be a crime.

Myth or fact?

What people often think.

• Myth: If it is true, I can say it anywhere.
• Fact: A true imputation is protected only when the public good needs it to be made (PPC s.499, First Exception).

The law.

Section 499, PPC.

“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 ... to defame that person.”

Pakistan Penal Code, 1860 · Section 499, Defamation

What counts as harm.

Explanation 4, section 499.

• CharacterIt lowers his moral or intellectual character in others' eyes.
• WorkIt lowers him in his caste or calling.
• CreditIt lowers his credit.

Not only the living.

Explanations 1 and 2.

• The deadIt may be defamation, if meant to hurt the family.
• A companyOr an association or group, as such.
• IronySaid as an alternative or ironically, it may still count (Expl. 3).

The punishment.

Sections 500 and 501, PPC.

• Defaming, s.500Up to 2 years simple imprisonment, or fine, or both.
• The originatorUp to 5 years, or fine, or both (Schedule II, CrPC).
• Printing it, s.501Up to 2 years, or fine, or both.

Where it is allowed.

Four of the ten exceptions.

• TruthTrue, and the public good needs it said.
• Public servantsA good faith opinion on how they do their public job.
• Court reportsA substantially true report of court proceedings.
• ComplaintsA good faith accusation to someone with authority over him.

Quick quiz. The complaint.

Guess first, then swipe for the answer.

• A. Yes, it harms him
• B. No, it is an exception
• C. Only if he is fired

Answer: B. Eighth Exception.

Section 499, PPC.

• The ruleA good faith accusation to a person with lawful authority over him.
• ExampleAccusing Z in good faith before a Magistrate.

Who can complain.

Section 198, CrPC.

• The ruleOnly the person aggrieved can file the complaint.
• ExceptionsFor a minor, or a woman who should not appear in public, another person may file with the court's leave.
• Case2011 PCrLJ 865: leave of the court is needed.

How it runs.

Schedule II, CrPC, and 2022 SCMR 356.

• ArrestNot without a warrant. Bailable and compoundable.
• CourtTriable by the Court of Session.
• The routeSent up to the Court of Session by a Magistrate, not filed there directly.

Someone defaming you?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• My neighbour is telling people I am a thief. Can I file a defamation case?
• What are the exceptions to defamation under section 499 PPC?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 499
  Defamation Pakistan Code