Publication of reports

of proceedings of

particular candidate for any situation in the efficient discharge of the duties of which the public is interested.

Fourth Exception.-It is not defamation to publish a subcourts of justice. stantially true report of the proceedings of a court of justice, or of the result of any such proceedings.

Merits of a case

decided in a court

of justice, or con

and others con

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.

Fifth Exception.-It is not defamation to express in good faith any opinion whatever respecting the merits of any duct of witnesses case, civil or criminal, which has been decided by a court of cerned therein. justice, or respecting the conduct of any person as a party, witness, or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no farther..

Merits of a public performance.

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, inesmuch as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no farther.

(b) 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 faith any opinion respecting the merits of any performance 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.

Explanation.-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.

(b) 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 Z, "Z's book is foolish, Z must be a weak man. Z's book is indecent, Z 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.

passed in

good faith by a person having lawful authority

Seventh Exception. It is not defamation in a person having Censure over another any authority, either conferred by law or arising out of a lawful contract made with that other to in pass good faith any censure on the conduct of that other in matters to which such lawful authority relates.

Illustration.

A judge censuring in good faith the conduct of a witness or of an officer of the courts 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 authoAty 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.

over another.

in good faith to a duly authorized person.

Eighth Exception.-It is not defamation to prefer in good Accusation preferred faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.

Illustration.

If A in good faith accuses Z 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; A is within this exception.

good faith by a person for the protection of his interests.

Ninth Exception.-It is not defamation to make an impu- Imputation made in tation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

Caution intended for

the good of the

Illustrations.

(a) A shopkeeper says to B, who manages his business,-" Sell 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.

(b) A, a magistrate, in making a report to his superior officer, casts an imputation on the character of Z. 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 person to whom it in good faith, to one person against another, provided that is conveyed or for such caution be intended for the good of the person to whom the public good. it is conveyed, or of some person in whom that person is interested, or for the public good.

Punishment for defamation.

Printing or engraving matter known to be defamatory.

tory matter.

D. Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

DI. Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Sale of printed or DII. Whoever sells or offers for sale any printed or enengraved substance containing defama- graved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Criminal intimida

tion.

CHAPTER XXII.

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE. DIII. Whoever threatens another with any injury to his person, reputation, or property, or to the person or reputation of any one in whom that person is interested, 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.

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. DIV. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. DV. Whoever circulates or publishes any statement, rumour, or report, which he knows to be false, with intent to cause any officer, or 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.

DVI. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; 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.

from

DVII. Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.

Act caused by induc

ing a person to

DVIII. Whoever voluntarily causes or attempts to cause

believe that he any person to do any thing which that person is not legally will be rendered an bound to do, or to omit to do any thing which he is legally object of the divine displeasure, entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of 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.

Punishment for at

tempting to com

Illustrations.

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

(b) 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 reader Z an object of divine displeasure. A has committed the offence defined in this section.

DIX. Whoever, intending to insult the modesty of any Woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall 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.

DX. Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to 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.

CHAPTER XXIII.

OF ATTEMPTS TO COMMIT OFFENCES.

DXI. Whoever attempts to commit an offence punishable

mitoffences punish by this code with transportation or imprisonment, or to cause such an offence to be committed, and in such attempt does

able with imprison

ment.