Editing Defamation (section)

===India===
In India, a defamation case can be filed under either [[criminal law]] or [[Civil law (common law)|civil law]], or both.<ref name="Defamation litigation: a survivor's kit">{{cite news|title=Defamation litigation: a survivor's kit|url=http://www.hindu.com/2004/09/21/stories/2004092103551000.htm|access-date=28 November 2013|date=21 September 2004|first=Subramanian|last=Swamy|url-status=dead|archive-url=https://web.archive.org/web/20130722120816/http://www.hindu.com/2004/09/21/stories/2004092103551000.htm|newspaper=[[The Hindu]]|archive-date=22 July 2013}}</ref>

According to the [[Constitution of India]],<ref name="India Constitution">{{Cite web |url=https://legislative.gov.in/constitutionofindia/constition-india-english |title=Constitution (India) |website=Legislative Department, Ministry of Law and Justice, Government of India}}</ref> the [[Fundamental Rights in India#Right to freedom|fundamental right to free speech (Article 19)]] is subject to "reasonable restrictions":
{{Blockquote|text=
19. Protection of certain rights regarding freedom of speech, etc.
*(1) All citizens shall have the right—
**(a) to freedom of speech and expression;
*[(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of  [the sovereignty and integrity of India], the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.]
}}

Accordingly, for the purpose of [[criminal]] defamation, "reasonable restrictions" are defined in Section 499 of the [[Indian Penal Code|Indian Penal Code, 1860]] (Section 499 of Indian Penal Code has now been replaced by Section 356 of Bharatiya Nyaya Sanhita).<ref name="India Penal Code">{{Cite journal |url=https://www.indiacode.nic.in/handle/123456789/2263 |title=Penal Code (India) |website=National Informatics Centre (Legislative Department, Ministry of Law and Justice, Government of India)|date=6 October 1860 }}</ref> This section defines defamation and provides ten valid exceptions when a statement is not considered to be defamation. It says that defamation takes place, when someone "by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person". The punishment is simple imprisonment for up to two years, or a fine, or both (Section 500).

Some other offences related to false allegations: false statements regarding elections (Section 171G), false [[information (formal criminal charge)|information]] (Section 182), false claims in court (Section 209), false [[criminal charge]]s (Section 211).

Some other offences related to insults: against public servants in judicial proceedings (Section 228), against religion or religious beliefs ([[Section 295A]]), against religious feelings (Section 298), against breach of peace (Section 504), against modesty of women (Section 509).

According to the [[Code of Criminal Procedure (India)|Indian Code of Criminal Procedure, 1973]]<ref name="India Criminal Procedure Code">{{Cite journal |url=https://www.indiacode.nic.in/handle/123456789/16225 |title=Criminal Procedure Code (India) |website=National Informatics Centre (Legislative Department, Ministry of Law and Justice, Government of India)|date=25 January 1974 }}</ref> defamation is prosecuted only upon a complaint (within six months from the act) (Section 199), and is a [[bail]]able, [[Cognisable offence|non-cognisable]] and compoundable offence (See: The First Schedule, Classification of Offences).