The position of slander law in india By arnab kumar banerjee

Slander is the use of word to defame a person. Examples of slander are gossiping. Slander law differs with countries; in this article we will evaluate the position of slander law in India. First we will state some definitions. Actionable per se means actionable without any proof of damage. Slander is the use of word spoken or written in order to defame any person. Now the rule of slander law In England say that slander is not actionable per se. it means that you have to prove damage in order to take action under slander law. But in India the rule of law said that slander is actionable per se. section 499 of IPC(Indian penal code) said that slander is a crime and therefore no proof of damage is required to bring action under slander law. In order to prove slander, one has to establish the following points: 1] The statement must be defamatory. 2] The statement must refer to the plaintiff. 3] The statement must be published i.e. circulated in community. Now let us analyze what this piece of rule of law actually means. Suppose you told Mr. y(y) something about Mr. (x). y circulate your words in the community . That very word damages xs reputation. X sues you under slander law. You get sentence. Here your word really damage xs reputation. So the sentence is justified. Now consider another situation, x has a rivalry with you. Out of his own greed, x sues you under slander law and manages to prove slander

against you. You get sentence. Here you say nothing, but since in India slander is actionable without proof of damage, x needs not to prove damage. But it is not justified. You see the proof of damage in any offence is very important because the damage is the conclusive evidence of an offence. If an offence is committed, there will be a visible damage. Invisible damage does not exist. England knows it very well but India does not. In the second case above, there will be no damage, if you do not say anything. The non existence of damage will prove your innocence. But since proof of damage is not required in India, many innocent people will face sentence unjustly. Therefore my suggestion to these lawmakers is that they should follow the British example and make slander actionable per se i.e. actionable with proof of damage. If they do that, many innocent people will be saved and justice in India should not be denied.