Which one is not an exception of defamation under Section 499 of Indian Penal Code ?

Public conduct of public servant
Malicious statements
Conduct of any person touching any public question
Publication of reports of proceedings of court

The correct answer is (b), malicious statements.

Under Section 499 of the Indian Penal Code, defamation is defined 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 to defame that person.”

There are a number of exceptions to this definition, including:

  • Statements made in good faith and without malice, on a matter of public interest.
  • Statements made in the course of duty by a public servant.
  • Statements made in the course of a fair and accurate report of a judicial proceeding.
  • Statements made in the course of a fair and accurate report of a public meeting.
  • Statements made in the course of a fair and accurate report of any proceeding in Parliament or in any State Legislature.

Malicious statements are not included in this list of exceptions. This means that if you make a statement that is false and defamatory, and you know that it is false and defamatory, you can be held liable for defamation even if you made the statement in good faith.

It is important to note that the definition of defamation is very broad. It can include statements that are true, as well as statements that are false. It can also include statements that are made in jest, as well as statements that are made seriously.

If you are unsure whether a statement that you are about to make could be considered defamatory, it is always best to err on the side of caution and avoid making the statement.