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.]
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. (
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.