CHAPTER XIX: OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
Section 351: Criminal intimidation
(1) Whoever threatens another… with any injury to his person, reputation or property… with intent to cause alarm… or to cause that person to do any act which he is not legally bound to do…
Simple Translation (The Core Definition): “Criminal Intimidation” is the crime of threatening someone with any injury (to their body, property, or reputation) for the purpose of:
Causing “alarm” (serious fear).
Forcing them to do something they are not legally required to do.
Forcing them to not do something they are legally allowed to do.
Real-World Example (from Act): “A” threatens to burn B’s house (injury to property) with the intent to cause “B” to omit to file a civil lawsuit (an act “B” is legally entitled to do). “A” is guilty.
Explanation.— A threat to injure the reputation of any deceased person… is within this section.
Simple Translation: You can be guilty for threatening to harm a dead person’s reputation, if your threat is aimed at their living relatives.
Real-World Example: “A” threatens “B” by saying, “If you don’t pay me, I will publish stories that your deceased mother was a secret criminal.” This is criminal intimidation because it is intended to be hurtful to “B”.
(2) Whoever commits the offence… shall be punished…
Simple Translation: The standard punishment for criminal intimidation (up to 2 years).
(3) Whoever commits the offence… by threatening to cause death or grievous hurt… or… destruction of any property by fire, or… an offence punishable with death or imprisonment for life… or to impute unchastity to a woman…
Simple Translation: This is aggravated intimidation (up to 7 years) if the threat is extremely serious. This includes:
Threatening to kill or seriously hurt someone.
Threatening to burn down their property (arson).
Threatening to commit a major crime against them (like rape or kidnapping).
Threatening to “impute unchastity” (falsely accuse a woman of being unchaste or promiscuous).
Real-World Example (Unchastity): “A” tells his ex-girlfriend “B”, “If you don’t agree to meet me, I will post online that you are a prostitute.” This is a threat to “impute unchastity” and is a serious crime under this clause.
(4) Whoever commits the offence… by an anonymous communication…
Simple Translation: This is anonymous intimidation. If you make any threat (simple or serious) anonymously (e.g., from a hidden number, a new social media account, or a letter with no return address), you get an additional 2 years of punishment.
Section 352: Intentional insult with intent to provoke breach of peace
Simple Translation: This is the crime of intentionally insulting someone to their face on purpose (“intending or knowing it to be likely”) to provoke them into starting a fight or breaking the public peace.
Real-World Example: “A” knows “B” has a very hot temper. In a crowded bar, “A” intentionally goes up to “B” and hurls a deeply personal insult at him, hoping “B” will fly into a rage and “breach the public peace” by starting a brawl. “A” is guilty of this offense (regardless of whether “B” actually starts the fight or not).
Section 353: Statements conducing to public mischief
Simple Translation: This is the “fake news” or “rumor-mongering” law. It’s the crime of making, publishing, or circulating any statement or rumor (including on electronic media) with bad intent.
(1) Whoever makes, publishes or circulates any statement, false information, rumour…
(a) with intent… to cause… any officer, soldier… to mutiny…
Simple Translation: Spreading a rumor to cause soldiers or police to rebel or disobey orders.
Real-World Example: “A” publishes a fake document intending to convince soldiers that their salaries have been canceled, hoping they will mutiny.
(b) with intent… to cause… fear or alarm to the public… whereby any person may be induced to commit an offence against the State…
Simple Translation: Spreading a rumor to cause public panic that is so bad it induces people to commit crimes against the state or public order.
Real-World Example: “A” circulates a false rumor that the government’s food supply is poisoned, intending to cause alarm and induce people to riot and steal food.
(c) with intent to incite… any class or community… to commit any offence against any other class or community…
Simple Translation: Spreading a rumor to incite one community to attack another.
Real-World Example: “A” circulates a false rumor that Community X has attacked Community Y’s temple, intending to incite Community Y to attack Community X in revenge.
(2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news… with intent to create or promote… feelings of enmity, hatred or ill will between different… groups…
Simple Translation: This is the crime of spreading false information or alarming news (fake news) specifically to create hatred between different religious, racial, or community groups.
Real-World Example: “A” makes and circulates a false report (fake news) on WhatsApp, claiming that people from a specific religious group are “stockpiling weapons to attack.” “A” knows this is false and does it to promote hatred against that group.
(3) Whoever commits an offence specified in sub-section (2) in any place of worship…
Simple Translation: This is an aggravated offense. If you do the act from sub-section (2) (spreading hate) inside a place of worship or during a religious ceremony, the punishment is more severe.
Exception.— It does not amount to an offence… when the person… has reasonable grounds for believing that such statement… is true and makes, publishes or circulates it in good faith…
Simple Translation: This is the “good faith” defense. You are not guilty if you can prove you had reasonable grounds (e.g., multiple sources) to believe the rumor was true, and you published it in good faith (e.g., as a warning), without any of the evil intentions listed above.
Section 354: Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
Simple Translation: This is the crime of supernatural intimidation. You are guilty if you induce someone to do (or not do) something they aren’t legally bound to do, by making them believe they will become an “object of Divine displeasure” (i.e., they will be cursed by God, haunted, or suffer divine punishment) if they refuse.
Real-World Example (from Act): “A” (a person pretending to have spiritual power) threatens “Z” that unless “Z” performs a certain act (like giving “A” money), “A” will perform a ritual that will “render Z an object of Divine displeasure.” “A” is guilty.
Section 355: Misconduct in public by a drunken person
Simple Translation: This is the crime of being “drunk and disorderly.” You are guilty if you are intoxicated, appear in a public place (or a place you are trespassing), and you act in a way that causes annoyance to any person.
Real-World Example: “A” gets very drunk, goes to a public park, and starts shouting, swearing, and “causing annoyance” to the families present. “A” is guilty of this offense (and can be punished with jail, a fine, or community service).
Of defamation
Section 356: Defamation
(1) Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes… any imputation… intending to harm… the reputation of such person… is said… to defame that person.
Simple Translation (The Core Definition): “Defamation” is the crime of making or publishing any statement (“imputation”) about a person (through words, signs, pictures, or any other means) with the intent to harm their reputation, or knowing it is likely to harm their reputation.
Real-World Example: A newspaper publishes an article knowing it is false that “Mr. Z is a corrupt businessman.” This is an imputation intended to harm Z’s reputation.
Explanation 1.— It may amount to defamation to impute anything to a deceased person…
Simple Translation: You can be guilty of defaming a dead person if the imputation would have harmed them if they were alive, and it is intended to be hurtful to their family.
Real-World Example: “A” publishes a false story that “B’s” deceased father was a traitor, intending to hurt B’s feelings. “A” is guilty.
Explanation 2.— It may amount to defamation to make an imputation concerning a company…
Simple Translation: You can defame a company, an association, or a group (not just an individual).
Real-World Example: “A” publishes a false report that “XYZ Corporation” knowingly uses child labor. “A” has defamed the company.
Explanation 3.— An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Simple Translation: Sarcasm counts. You can’t escape by saying “I was just joking.”
Real-World Example (from Act): “A” says, “Z is an honest man; he never stole B’s watch,” intending to make people believe Z did steal the watch. This is defamation.
Explanation 4.— No imputation is said to harm a person’s reputation, unless… it lowers the moral or intellectual character… or… his caste or of his calling… or… his credit…
Simple Translation: This defines what “harm to reputation” means. The imputation must:
Lower their “moral or intellectual character” (e.g., call them a cheater, a liar, or an idiot).
Lower their “calling” (e.g., call a doctor a “quack,” or a lawyer “corrupt”).
Lower their “credit” (e.g., falsely claim they are bankrupt).
Cause people to believe their body is in a “loathsome state” (e.g., falsely claim they have a specific disease).
Exceptions (These are NOT defamation):
Exception 1.— …impute anything which is true… if it be for the public good…
Simple Translation (Defense of Truth): It is not defamation if the statement is true AND its publication is for the public good.
Real-World Example: Publishing a true story that a politician took a bribe is for the public good and is not defamation.
Exception 2.— …express in good faith any opinion… respecting the conduct of a public servant in the discharge of his public functions…
Simple Translation (Fair Comment on Public Servant): It is not defamation to express an opinion in good faith about a public servant’s official job performance.
Real-World Example: Writing a newspaper editorial that says, “The Police Commissioner’s conduct in handling the protest was incompetent.” This is an opinion on their public function and is not defamation.
Exception 3.— …express in good faith any opinion… respecting the conduct of any person touching any public question…
Simple Translation (Fair Comment on Public Question): It is not defamation to express a good faith opinion on any person’s conduct related to a public issue.
Real-World Example: “A” makes a public speech on a new law. “B” writes an article saying, “A’s conduct in this matter is misguided, and his speech was illogical.” This is not defamation.
Exception 4.— …publish substantially true report of the proceedings of a Court…
Simple Translation (Reporting on Courts): It is not defamation for a journalist to publish a substantially true report of what was said or done in a public court proceeding.
Real-World Example: A newspaper reports, “In court yesterday, Witness X accused Politician Y of taking a bribe.” As long as this is a true report of what was said in court, it is not defamation (even if the witness’s claim turns out to be false).
Exception 5.— …express in good faith any opinion… respecting the merits of any case, civil or criminal, which has been decided by a Court…
Simple Translation (Reviewing a Case): It is not defamation to publish a good faith opinion on the merits of a decided court case, including the conduct of the judge, jury, or witnesses.
Real-World Example (from Act): A legal expert writes an article after a trial, saying, “I think Z’s evidence… was so contradictory that he must be… dishonest.” This is a good faith opinion on Z’s conduct as a witness and is not defamation.
Exception 6.— …express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public…
Simple Translation (Public Reviews): It is not defamation to write a good faith review (an opinion) of any “public performance” (like a book, a movie, a song, a restaurant, or a public speech).
Real-World Example: A food critic writes a review saying, “The food at Z’s new restaurant is terrible.” This is a good faith opinion on a public performance and is not defamation.
Exception 7.— …censure passed in good faith… by a person having lawful authority over another…
Simple Translation (Lawful Authority): It is not defamation for someone in a position of lawful authority (like a boss, a teacher, or a parent) to “censure” (criticize or reprimand) someone under them in good faith.
Real-World Example: A manager writes an official performance review (“censure”) for an employee, stating in good faith that their performance was “unsatisfactory.” This is not defamation.
Exception 8.— …accusation preferred in good faith against any person to any of those who have lawful authority…
Simple Translation (Reporting to Authorities): It is not defamation to make an accusation in good faith to someone who has lawful authority over that person (like the police, a boss, or a regulator).
Real-To-World Example: “A” in good faith believes his co-worker “B” is stealing from the company. “A” reports this to their manager (the “lawful authority”). This is not defamation, even if “A’s” suspicion is wrong.
Exception 9.— …imputation made in good faith by a person for the protection of his or other’s interests…
Simple Translation (Protecting Interests): It is not defamation to make a statement in good faith to protect your own interest or the interest of someone else.
Real-World Example: “A” and “B” are business partners. “A” tells “B”, “We should not deal with ‘C’, I have seen his credit report, and he is a risk.” This statement (an “imputation” on C’s credit) is made in good faith to protect their joint interest and is not defamation.
Exception 10.— …caution conveyed in good faith to one person… for the good of that person… or for the public good.
Simple Translation (Good Faith Warning): It is not defamation to convey a caution (a warning) to someone in good faith, as long as it’s for that person’s benefit or for the public good.
Real-World Example: “A” in good faith quietly tells his friend “B”, “I would be careful if I were you; the person you are about to hire as your accountant was fired from his last job for embezzlement.” This caution is for B’s good and is not defamation.
