Defamation under IPC (Sections 499 and 500): Meaning, Exceptions and Bail (2026)
What Sections 499 and 500 of the Indian Penal Code say, the ten exceptions, whether the offence is bailable, and how it maps to the Bharatiya Nyaya Sanhita (BNS) in 2026.
Legal Explainer · Criminal Law
Someone has posted something about you, or you have said something about someone else, and now a legal notice or a court summons has arrived. The first questions are always the same: is this a crime, can I be arrested, and what defences do I have? Section 499 of the Indian Penal Code (IPC) defines criminal defamation. Section 500 sets the punishment. In short, defamation is making or publishing a statement, by words, signs or visible representations, intending to harm a person's reputation or knowing that it will. The punishment is simple imprisonment up to two years, or fine, or both. This guide explains the section in plain English, the ten exceptions, bail, and where the law now sits under the Bharatiya Nyaya Sanhita, 2023 (BNS).
- Section 499 IPC: defines defamation, with ten exceptions.
- Section 500 IPC: simple imprisonment up to two years, or fine, or both.
- Nature: non-cognizable and bailable, tried by a Magistrate of the first class.
- BNS 2023: Section 356, which adds community service as a punishment.
- Last verified: October 2026.
01What Section 499 IPC says
Section 499 says that whoever, by words (spoken or intended to be read), by signs, or by visible representations, makes or publishes any imputation about a person, intending to harm that person's reputation or knowing or having reason to believe that it will harm it, is said to defame that person. The exceptions listed in the section apply.
Four explanations sit under the section. They say, in simple terms, that:
- An imputation about a deceased person can be defamation if it would have harmed that person's reputation had they been alive, and is meant to hurt the feelings of the family or relatives.
- An imputation about a company, an association or a group of persons can also be defamation.
- An imputation made in the form of an alternative or as irony can still be defamation.
- An imputation harms reputation only if it directly or indirectly lowers the person in the eyes of others, for example in their moral character, their caste or calling, or their credit, or if it makes people think their body is in a loathsome state.
The statement must be about an identifiable person or group. A vague complaint that does not point to anyone is unlikely to succeed.
02Key ingredients a complainant must show
Courts look for the same core elements in a criminal defamation case.
- An imputation: a statement, spoken, written, printed or shown, that says something about the person.
- Publication: the statement was made or published, which means it reached at least one person other than the complainant.
- Reference to the complainant: a reasonable reader would understand the statement to be about them.
- Intent or knowledge: the accused meant to harm the reputation, or knew or had reason to believe it would.
- Harm to reputation: the statement lowers the person in the estimation of others, as the explanations describe.
- No exception applies: none of the ten exceptions protects the statement.
Truth alone is not always a defence in criminal defamation. The first exception also requires that the publication be for the public good.
03The ten exceptions to defamation
These exceptions are the heart of most defences. In plain words, they are:
| Exception | What it protects |
|---|---|
| 1 | Imputation of something true, if making it or publishing it is for the public good. |
| 2 | Opinion made in good faith about the conduct of a public servant in the discharge of public functions. |
| 3 | Opinion made in good faith about the conduct of any person touching a public question. |
| 4 | A substantially true report of court proceedings. |
| 5 | Opinion made in good faith on the merits of a case decided by a court, or on the conduct of witnesses, parties or agents in it. |
| 6 | Opinion made in good faith on the merits of a public performance, or on the author of a work offered to the public. |
| 7 | Censure passed in good faith by a person who has lawful authority over another, on conduct in that matter. |
| 8 | An accusation made in good faith to a person who has lawful authority over the accused, about the subject of the accusation. |
| 9 | An imputation made in good faith to protect the interest of the person making it or of any other person, or the public good. |
| 10 | A caution given in good faith to one person against another, for that person's good or for the public good. |
The words good faith matter in most of these. Under Section 52 IPC, good faith means due care and attention. An honest belief alone is not enough if the accused did not check the facts with care.
04Section 500 IPC: punishment for defamation
Section 500 says that whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Simple imprisonment means no rigorous labour. In practice, many cases end with a fine, a compromise or an acquittal, and jail is rare.
Two related sections are worth knowing, but they are separate topics. Section 501 covers printing or engraving defamatory matter, and Section 502 covers selling printed matter that contains defamatory content. Both carry up to two years under the IPC.
05Is defamation cognizable, bailable and who tries it?
| Question | Answer under IPC and CrPC |
|---|---|
| Cognizable? | No. It is non-cognizable, so police cannot arrest without a warrant or start an investigation without a Magistrate's order. |
| Bailable? | Yes. It is bailable, so bail is a matter of right. |
| Compoundable? | Yes, the complainant can compound the case with the court's leave. |
| Triable by | A Magistrate of the first class. |
| Who can file? | Generally the aggrieved person, by way of a complaint under Section 199 of the Code of Criminal Procedure, 1973 (CrPC). Special rules apply for certain public servants and constitutional office holders. |
Because it is a complaint case, the Magistrate first records the complainant's statement and may call for evidence before issuing summons.
06Bail, defence and quashing
Bail
Since the offence is bailable, the accused is entitled to bail once they appear before the court, usually on a personal bond. In many cases the court issues only summons, not a warrant.
Defences
The usual lines of defence are:
- One of the ten exceptions applies, for example truth for public good or good faith comment.
- The statement was not published to a third person.
- The statement was not about the complainant, or was not defamatory on a fair reading.
- There was no intent or knowledge of harm.
- The complaint is out of time or is not maintainable on procedural grounds.
Quashing
The accused can ask the High Court to quash the complaint or the summoning order. Courts have done so where, even if every allegation is taken as true, no offence is made out, or where an exception clearly applies. A High Court will not usually hold a mini trial at this stage.
Constitutional validity
In Subramanian Swamy v. Union of India (2016), the Supreme Court upheld the constitutional validity of criminal defamation under Sections 499 and 500 IPC, holding that reputation is part of the right to life under Article 21 and that the restriction on free speech is reasonable.
07Civil vs criminal defamation
The same statement can lead to two kinds of case. They have different goals.
| Criminal defamation | Civil defamation | |
|---|---|---|
| Law | Sections 499 and 500 IPC (now BNS) | Law of torts, no codified Indian statute |
| Goal | Punish the accused | Compensation for damages, and often an injunction |
| Forum | Magistrate court | Civil court or High Court (depending on value and jurisdiction) |
| Outcome | Jail, fine, or acquittal | Damages, takedown order, or dismissal |
| Standard | Proof beyond reasonable doubt | Balance of probabilities |
A complainant can file both, though courts watch for misuse of the process.
08BNS 2023 and BNSS 2023: the new numbers
The Bharatiya Nyaya Sanhita, 2023 replaced the IPC for offences committed on or after 1 July 2024. Defamation now appears in Section 356 of the BNS. The punishment is simple imprisonment up to two years, or fine, or both, or community service. Community service is new and has no IPC counterpart.
Procedure has also moved. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC, so references to Section 199 CrPC and Section 320 CrPC now have new BNSS numbers.
Check the number before you cite
Section numbers changed in the transition, and cases filed before 1 July 2024 are still governed by the IPC and CrPC. Always confirm the section and the date of the alleged offence before you cite it in a pleading. For the full table of changes, see our IPC to BNS section mapping guide.
Other criminal-law sections often looked at together with defamation in real disputes include abetment of suicide under Section 306 and forgery under Sections 467, 468 and 471. Each has its own rules.
09Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
For a defamation matter, the practical work is finding how courts have read the exceptions and the good faith test, and then following your own case. Claw covers 9,102 forums, 30 crore+ judgments, with results in under 5 seconds, so you can search how courts have applied Section 499 and 500 and the BNS equivalent. You can also track related cases by party name, which helps when a dispute spreads across several complaints. If you follow cases at the Supreme Court, see our guide to Supreme Court case tracking software.
Create a FREE Claw account to search 30 crore+ judgments on this section and track related cases by party name. Claw has a free plan for individual advocates.
10Sources and further reading
- Bare acts: India Code
- Supreme Court of India: sci.gov.in
- Claw: clawlaw.in
This article is for general information and is not legal advice. Last verified October 2026.
11Frequently asked questions
What is Section 499 of the IPC?
Section 499 IPC defines criminal defamation. It covers words, signs or visible representations that harm a person's reputation, made with intent or knowledge of that harm, subject to ten exceptions.
What is the punishment under Section 500 IPC?
Simple imprisonment up to two years, or fine, or both. Jail is rare in practice, and many cases end in fine, compromise or acquittal.
Is defamation bailable and cognizable?
Under the IPC and CrPC, defamation is non-cognizable and bailable. Police cannot arrest without a warrant, and bail is a matter of right. Check the BNSS schedule for the current classification of the BNS equivalent.
Is truth a defence to criminal defamation?
Only partly. The first exception protects a true imputation only if it is made or published for the public good. A true statement made only to hurt someone may still be defamation.
What replaced Section 499 and 500 IPC?
Section 356 of the Bharatiya Nyaya Sanhita, 2023 now covers defamation for offences on or after 1 July 2024. Older cases still follow the IPC.
Can a criminal defamation case be quashed?
Yes. The accused can approach the High Court to quash the complaint if no offence is made out on the face of it, or an exception clearly applies. Courts do not usually weigh evidence at that stage.