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497. Whoever has sexual intercourse with a person who is Adultery. and whom he knows or has reason to believe 2 to be the wife of another man, without the consent 4 or connivance 5 of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both ? In such case the wife shall not be punishable as an abettor.

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498. Whoever takes or entices away any woman who is Enticing, and whom he knows or has reason to believe 2 to be the

taking

away, or wife ® of any other man, from that man', or from any person

detaining

with having the care of her on behalf of that man, with intent criminal that she may have illicit intercourse with any person, or

intent

married conceals, or detains 10 with that intent

any

shall

such woman,

woman,

This may be inferred from acts of guilty familiarity, or from the fact that the parties sought for and created opportunities. It may be proved directly by the evidence of the wife, who may be called as a witness against the adulterer; Mayne, P. C. 405

Sec. 26. 5 Bom. H.C., Cr. Ca. 17. Where å prisoner accused of adultery sets up a nātrā contracted with the alleged adulteress, in accordance with his caste-custom, the question for the Court is, whether or not be honestly believed, at the time of contracting the nātrā, that the woman was another man's wife, 5 Bom. H.C.,

Cr. Ca. 17.

Sec. 90

tained by Mr. Mayne, citing Gipps
v. Gipps, 33 L. J. Mat. 169. That
a Hindú contracting a nātrā marriage
with a woman whom he knows to be
another man's wife, and having sexual
intercourse with her, without that
other's consent or connivance, is guilty
of adultery, see 2 Bom. H. C. 124.

A Canarese woman cohabiting
with a man under the Alyasantána
law may terminate the relation at
pleasure, and is not a 'wife' within
the meaning of this section, 6 Mad.
379.

In a charge under this section, proof that the woman and a man, other than the accused, were living together has been held sufficient to throw upon the accused the burden of proving that they are not man and wife, 8 Ben. Appx. 63. But this seems wrong. Reports arising from mere cohabitation ought not to be sufficient evidence in such cases (see Act I of 1872, sec. 50). As to the proof of marriage, see 4 Suth. Cr. 31 ; ibid. Cr. Let. 10. In 5 Cal. 366 and 5 All. 233 the statements of the husband and wife that they were married were held insufficient. But see 9 Mad. 9.

s Before the time the act was committed. There must be a corrupt in. tention by acquiescence to assist in the commission of the offence. (Bittleston J. cited in Mayne, P. C. 406.) Mere negligence, inattention, dulness of apprehension, indifference, will not suffice, Allen v. Allen, 30 L. J. Mat. 2.

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Soc. 375

• The taking away of a woman from a house belonging to her husband, or hired by him for her occupa. tion and at his expense, is a taking away from him, even though he be temporarily absent, 5 Suth. Cr. 50.

10 The words ' conceals or detains'

The death of the husband does not necessarily put an end to a probecation for an offence under this section, 4 Mad. H. C. Rulings, lv. That a second prosecution cannot be maintained against the same man for adultery with the same woman, she not having in the meantime returned to her husband's protection, is main

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be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both 1.

apply to the enticing or inducing & ments, 4 Mad. H. C. 20, 21. wife to with hold or conceal herself 1 This section and sec. 497 were infrom her husband, and assisting her tended for the protection of husbands

, to do so, as well as to physical re- who alone can institute prosecutions straint or prevention of her will or under them, and who can compound action. Depriving the husband of offences under them, Cr. P. C. sec. his proper control over his wife, for 345. As to sec. 498, it has been the purpose of illicit intercourse, is ruled that, though the advances and the gist of the offence, and a de- solicitation came wholly from the tention occasioning such deprivation wife, there may be a 'taking' within may be brought about simply by the the meaning of the section, 2 Mad. influence of allurements and blandish

H. C. 331.

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tion.

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499. Whoever, by words either spoken or intended to be Defamaread, or by signs or by visible representations, makes or publishes 2 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, is said, except in the cases hereinafter excepted, to defame that person.

Explanation 1.-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2.-It may amount to defamation to make an imputation concerning a company or an association or collection of

persons as such.

Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Erplanation 4.-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as

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disgraceful.

6.P.C. sec.

No Court can take cognizance of an offence falling under this chapter, except upon a complaint made by sorte person aggrieved by such offence,

198. As to forgery for the purpose of harming reputation, see

sec. 469, * The defamatory words must be communicated to some one other than

the person using them, and other than the person to whom they are used, 10 Suth. 184: 6 N. W. P. 38. The sending of a newspaper contain. ing defamatory matter by post from Calcutta, where it is published, to a subscriber at Allahabad, is a publica. tion at Allahabad, 3 All. 342, 345 ; and see 5 Suth. Cr. 44, and the note to sec. 294 A supra.

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TUustrations. (a) A says—Z is an honest man; he never stole B's watch ;' intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the Exceptions.

(6) A is asked who stole B's watch. A points to 2, intending to cause it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the Exceptions.

(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is

defamation, unless it fall within one of the Exceptions. Imputa- First Exception. It is not defamation to impute anything tion which public good which is true concerning any person, if it be for the public requires to good that the imputation should be made or published. be made or Whether or not it is for the public good is a question of fact!. published. Public Second Exception. It is not defamation to express in good conduct of faith 2 any opinion public ser

any opinion whatever respecting the conduct of a public vants. servant 3 in the discharge of his public functions, or respecting

his character, so far as his character appears in that conduct,

and no farther. Conduct Third Exception. It is not defamation to express in good touching public

faith any opinion whatever respecting the conduct of any question.

person touching any public question, and respecting his character, so far as his character appears in that conduct, and no farther.

Illustration. It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such a meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the

efficient discharge of the duties of which the public is interested. Publica- Fourth Exception. It is not defamation to publish a subtion of reports of stantially true report of the proceedings of a Court of Justice, proceed- or of the result of any such proceedings o. ings of Courts, Explanation.-A Justice of the Peace or other officer holding

an enquiry in open court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.

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8 Sec. 20.

3 All. 664. This exception is useless, as it is included in the ninth.

Sec. 52 : 4 Bom. 298.

3 Sec. 21. . Sec. 12.

* But a defamatory statement is not privileged merely because it is used in a petition preferred in a judicial proceeding, 3 All, 815.

a case de

persons

Fifth Erception. It is not defamation to express in good Merits of faith any opinion whatever respecting the merits of any case, cided in civil or criminal, which has been decided by a Court of Justice?, Court; or

conduct of or respecting the conduct of any person as a party, witness, or agent, in any such case, or respecting the character of such concerned, . person, as far as his character appears in that conduct, and no farther.

Illustrations. (a) A says— I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest.' A is within this Exception if he says this in good faith; inasmuch as the opinion which he expresses respects Z's character as it appears in 2's conduct as a witness, and no farther.

(6) But if A says—'I do not believe what Z asserted at that trial, because I know him to be a man without veracity;'-A is not within this Exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's conduct as a witness. Sixth Exception. It is not defamation to express in good Merits of

public per faith? any opinion respecting the merits of any performance formance. which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no farther.

Erplanation.A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.

Illustrations. (a) A person who publishes a book, submits that book to the judgment of the public.

(6) A person who makes a speech in public, submits that speech to the judgment of the public.

(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.

(d) A says of a book published by 2–7's book is foolish, z must be a weak man, Z's book is indecent, 2 must be a man of impure mind. A is within this Exception if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no farther.

(e). But if A says—I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine;' A is not within this Exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book.

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i Sec. 52.

2 Sec. 20.

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