500.  Punishment for defamation.--Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine, or with both.

[Provided that the originator of the defamatory imputation shall be punished with imprisonment of either description for a term which may extend to five years, or with the which shall not be less than one hundred thousand rupees, or with both.

Explanation.--"Originator" means the initiator of a defamatory imputation.]

Proviso [........]

COMMENTARY

1. Scope and extent. How to be taken. 1987 PCr.LJ 1439. Mens rea or intention is essential ingredient. PLD 2001 Kar. 115. Assertion of words `Ishiq-e-Haqiqi' with married woman. Disrepute. PLD 1991 FSC 71. Grounds reflecting on character of spouses in proceedings for dissolution of marriage. PLD 1982 Lah. 60. Statement of the complainant and his witnesses not recorded by Magistrate himself but by his clerk. Illegality incurable. 1994 PCr.LJ 430; 1993 MLD 2045. Police may investigate into an offence under Section 500, PPC on the direction of Magistrate and not on police report under Section 173, Cr.P.C. 1997 PCr.LJ 1128. Offence under S. 500, P.P.C. on date of its alleged commission by respondents inclusive of date on which complaint was filed was not only cognizable but was also non-compoundable. PLJ 1998 Cr.C. (Quetta) 77. Sections 500/506/34 PPC. Bailable. PLJ 1999 Cr.C. Lah. 472. MD is competent to lodge complaint on behalf of company. PLD 1967 SC 32.

2. Act of agent. Agent and principal might be equally liable under civil tort of defamation but in criminal law it has to be proved by independent evidence. Mere presumption not enough. 2000 PCr.LJ 1847.