Defamation

DEFAMATION

A Project Proposal Made By Name- Khushbu Kumari Roll No- 1533 Class- B.A. LLB Submitted to  –  Dr. FR. PETER LADIS F

Project Proposal Made in Partial Fulfilment of Criminal Law- I

7th, September 2017

CHANAKYA NATIONAL NATIONAL LAW UNIVERSITY, PATNA

1. INTRODUCTION The Indian framework allows for Defamation to be both a civil wrong and a criminal offence. The distinction is mainly with respect to the object sought to be achieved. Under civil law  proceedings, the person is liable to be compensated in the form of damages, for the wrong. The essentials to be proved for a civil wrong of defamation are that, the statement should be (i) false; (ii) defamatory, and (iii) published. The claimant can move either the high court or trial court. An important consideration in the civil action for defamation is that intention or motive does not need to be attributed to the offender. Though, the remedy sought is covered under the Law of Torts, the course of relief is rare and slow.

2. OBJECTIVES OF THE STUDY The researcher will examine the following questions:1. What is Defamation? 2. What is Civil and Criminal Defamation Law in India? 3. What are the exception of Defamation?

3. HYPOTHESIS Under Indian Penal Code, defamation has been made an offence without any reference to its tendency to cause acts of illegal violence. Mental suffering caused to the person defamed is the gist of this offence. In English Law, a distinction has been maintained between libel and slander, but under Indian law no such distinction has been recognised.

4. RESEARCH METHODOLOGY The researcher will be focussing on doctrinal methodology of research only.

5. SOURCES OF DATA The researcher will rely upon both primary and secondary sources of data. The primary sources include cases while the secondary sources include books.

6. STYLE OF WRITING The researcher will be using both descriptive and analytical styles of writing.

7. MODE OF CITATION The researcher will be using a uniform mode of citation throughout this paper.

8. SCOPE AND LIMITATIONS OF THE STUDY Though the researcher will try her level best not to leave any stone unturned in doing this  project work to highlight various aspects relating to the topic, but the topic is so dynamic field of law, the researcher will sight with some of unavoidable limitations. The limitations encountered by the researcher were the paucity of time.

9. TENTATIVE CHAPTERISATION 1. Defamation 2. Defamation in Civil Law 3. Defamation in Criminal Law 4. Defamation as a Tort 5. Conclusion 6. Criticism and suggestion

BIBLIOGRAPHY 

Prof. S.N. Mishra, Indian Penal Code, Central Law Publication

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Ratanlal Dhirajlal, Indian Penal Code, Student Edition