Under section 356 of the Bharatiya Nyaya Sanhita, 2023, which of the following is not defamation?
The Fifth Exception to section 356(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 499 IPC) protects an opinion expressed in good faith about a witness's conduct…
Choose your answer
Under section 356 of the Bharatiya Nyaya Sanhita, 2023, which of the following is not defamation?
Answer and explanation
Correct answer B
The Fifth Exception to section 356(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 499 IPC) protects an opinion expressed in good faith about a witness's conduct in a case decided by a court, and its illustration covers saying in good faith "Z's evidence on that trial is so contradictory that he must be stupid or dishonest". So "A, at the hearing of the case, in good faith argued, “Z’s evidence is so contradictory that he must be stupid or dishonest”." is not defamation. Saying "I know him to be a man without veracity" goes beyond his conduct in the case, an ironical statement is covered by Explanation 3, and a picture is a visible representation that can defame.
Section 356(2) adds community service as a punishment option for defamation alongside simple imprisonment, fine or both.
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