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Censure Seventh Exception. It is not defamation in a person having passed in good faith over another any authority, either conferred by law, or arising by person out of a lawful contract 1 made with that other, to pass in good having lawful au

faith any censure on the conduct of that other in matters to thority which such lawful authority relates. other.

Illustration. A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders ; a parent censuring in good faith a child in the presence of other children ; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service ; a banker censuring in good faith the cashier of his bank for the conduct of such

cashier as such cashier—are within this Exception?. Accusation Eighth Exception.—It is not defamation to prefer in good preferred faith 3 an accusation against any person to any of those who in good faith to have lawful authority over that person with respect to the duly avthorised subject-matter of accusation 4. person.

Illustration. If A in good faith accuses 2 before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to z's master; if A in good faith complains of the conduct of Z, a child, to Z's father

-X is within this Exception. Imputa- Ninth Exception.—It is not defamation to make an imputation made tion on the character of another, provided that the imputation in good faith for be made in good faith for the protection of the interests of protection of maker's the person making it", or of any other person ?, or for the interests. public 8 good'.

1 i. e. an agreement enforceable by law.

* A reproduction of the English 2 3 All. 664. So is a priest cen- law (Harrison v. Bush, 25 L. J., suring in good faith a member of his Q. B. 25), 6 All. 221; see 8 Bom. H. sect. But the publication of the cen- C., Cr. Ca. 168. sure must not be more extensive than Sec. 52 : 3 Suth. Cr. R. 45:9 necessary, 6 Mad. 381, where sen- Bom. H. C. 459 : 3 All, 815. tence of excommunication (for attend- & 7 Mad. 36. ing the marriage of a Hindu widow) 9 Bom. 269: 6 Ben. Appx. 43: was conveyed by a postcard from a 11 Ben. 321 (S. C. 17 Suth. 283). guru. And, as the censure must be passed in good faith,' a superior officer • A pleader or mukhtyár relying writing maliciously and without rea- on the statements of his client, and in sonable or probable cause reports on

3 Sec. 52.

7

good faith introducing into a pleading the conduct of his inferior officer is not a defamatory averment, will be prowithin the seventh exception: see per tected by this exception, 2 N. W.P. Cockburn C.J. in Dawkins y, Lord 474-5. Paulet, L. R. 5 Q. B. 95.

& Sec. 12.

Illustrations. (a) A, a shopkeeper, says to B, who manages his businessSell nothing to Z unless he pays you ready money, for I have no opinion of his honesty. A is within the Exception, if he has made this imputation on Z in good faith for the protection of his own interests.

(6) A, a magistrate, in making a report to his superior officer, casts an imputation on the character of 2. Here, if the imputation is made in good faith, and for the public good, A is within the Exception.

Tenth Exception.—It is not defamation to convey a caution, Caution in good faith, to one person against another, provided that intended

for good of such caution be intended for the good of the person to whom it person to is conveyed, or of some person in whom that person is inter

conveyed ested, or for the public? good a.

or for pub

lic good. 500. Whoever defames another shall be punished with Punishsimple imprisonment for a term which may extend to two

defama. years, or with fine, or with both 3.

tion. 501. Whoever prints or engraves any matter, knowing or Printing or having good reason to believe that such matter is defamatory

engraving

matter of any person, shall be punished with simple imprisonment for known to a term which may extend to two years, or with fine, or with

matory. both 3.

whom it is

ment for

be defa

502. Whoever sells or offers for sale any printed or en- Sale of graved substance containing defamatory matter, knowing that printede ar it contains such matter, shall be punished with simple im- substance prisonment for a term which may extend to two years, or with ing defafine, or with both 3.

matory

matter.

i Sec. 12.

* The illustrations to this section all deal with such communications only as are made to third persons. So also each of the exceptions relates to such communications and not to publications only to the person slandered, 7 All. 205, where it was held that sending to a public officer by post in a closed cover a notice containing imputations on his charaeter was not defamation. It is unnecessary to prove that the person defamed actually suffered directly or indirectly from the defamation; it is

enough to show that the accused in-
tended, or knew, or had reason to
believe that the imputation made by
him would harm the reputation of the
complainant, 6 N. W. P. 86, 88.

3 The offences under secs. 500, 501,
502 may be compounded, Čr. P. c.
345, and on a conviction the Court
may order the destruction of all the
copies of the thing in respect of which
the conviction was had, and which
are in the custody of the Court or
remain in the possession or power of
the person convicted, Cr. P. C. dec.
521.

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CHAPTER XXII.

OF CRIMINAL INTIMIDATION, INSULT, AND

ANNOYANCE.

Criminal 503. Whoever threatens another with any injury ? to his intimida

person, reputation or property, or to the person or reputation tion.

of any one in whom that person is interested 3, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Explanation.-A threat to injure the reputation of any deceased person in whom the person threatened is interested?, is within this section 4.

Illustration. A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal

intimidation. Insult 504. Whoever intentionally insults, and thereby gives with intent to provoke provocation to any person, intending or knowing it to be breach of likely that such provocation will cause him to break the public peace.

peace, or to commit any other offence, shall be punished with

either directly or through a third party.

? Sec. 44: see 8 Bom. H.C., Cr. Ca. 101, where it was held that it was not an offence to threaten another with a suit or charge which might lawfully be instituted or made against him.

* This is very vague. It would include any person in whom A is interested as relative, friend, master,

servant, or even subject or fellowcitizen.

* A threat intended to put a person in fear and thereby to dishonestly induce him to deliver property, may amount to an offence punishable under sec. 385 or 389. A threat of a trivial kind, calculated perhaps to give pain, but not to cause alarm, would fall within the exception in sec. 95; M. & M. 449, 450.

tion.

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

505. Whoever circulates or publishes any statement, Circulatrumour or report which he knows to be false, with intent to ing false

report, &c. cause any officer, soldier or sailor in the Army or Navy of the Queen to mutiny, or with intent to cause fear or alarm to the public, and thereby to induce any person to commit an offence against the State ? or against the public tranquillity', shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

506. Whoever commits the offence of criminal intimidation Punishshall be punished with imprisonment of either description for ment for a term which may extend to two years, or with fine, or with intimidaboth; and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or transportation, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both ?.

507. Whoever commits the offence of criminal intimidation Criminal by an anonymous communication, or having taken precaution titn by an to conceal the name or abode of the person from whom the anonymous

communi. threat comes, shall be punished with imprisonment of either

cation, description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.

508. Whoever voluntarily causes or attempts to cause any Inducing person to do anything which that person is not legally bound line to be to do, or to omit to do anything which he is legally entitled to he will do, by inducing or attempting to induce that person to believe act become that he or any person in whom he is interested will become or object of

divine dig will be rendered by some act of the offender an object 6 of pleasure.

1 Offences under this section may be tried summarily (Cr. P. C. sec. 260), and may be compounded (Cr. P. Ć. This means, and should be,' will, EEC. 345).

by some act of the offender, become or * See supra, Chap. VI.

be rendered an object,' etc. See • See supra, Chap. VIII.

Mayne, P. C. 427.

4 Sec. 320.
5 Sec. 39.

6

Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Illustrations. (a) A sits dhurna at Z's door with the intention of causing it to be believed that, hy so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.

() A threatens Z that unless Z performs a certain act, A will kill one of A's own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.

Word or

509. Whoever, intending to insult the modesty of any gesture intended to woman, utters any word, makes any sound or gesture, or insult

exhibits any object, intending that such word or sound shall woman's modesty.

be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman', shall be punished with simple imprisonment for a term which may

extend to one year, or with fine, or with both. Annoy- 510. Whoever, in a state of intoxication, appears in any drunken public place, or in any place which it is a trespass 3 in him to person. enter, and there conducts himself in such a manner as to cause

annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

1 If the intrusion is by entering her house or rooms, the offence may be criminal trespass, sec. 441.

* If the intoxication is involuntary

sec. 85 would apply.

3 Not necessarily a criminal trespass (BOC. 441).

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