When can a claim for defamation be sustained?
Question: When can a claim for defamation be sustained?
A claim for defamation can be sustained when a statement is made that is false, and it harms the reputation of an individual or entity. The statement must be communicated to at least one other person, and it must be about the plaintiff. The validity of the statement is determined by how the general public as a whole will perceive the subject of the statement ¹. The statement must demonstrate that it is falsely disparaging the plaintiff .
In India, defamation is a criminal offense under Section 499 of the Indian Penal Code, 1860. The three essentials of the offense are that the statement must be defamatory, it must be about the plaintiff, and it must demonstrate that it is falsely disparaging them. The statement must be made public, and it must be communicated to at least one other person.
In conclusion, a claim for defamation can be sustained when a statement is made that is false, and it harms the reputation of an individual or entity. In India, defamation is a criminal offense under Section 499 of the Indian Penal Code, 1860, and the three essentials of the offense are that the statement must be defamatory, it must be about the plaintiff, and it must demonstrate that it is falsely disparaging them.
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