As Rahul Gandhi Gets 2-year Jail Term in Defamation Case, What Are Sections 499 And 500 of IPC? | Explained

Congress leader Rahul Gandhi was found guilty and sentenced to two years in prison on Thursday in a 2019 criminal defamation case over his remarks about Prime Minister Narendra Modi’s surname by a Gujarat court.

However, he was granted bail and his sentence was suspended for 30 days to let him appeal the decision.

The background

The case was filed against Gandhi by BJP MLA and former Gujarat minister Purnesh Modi for saying “How come all thieves have the common surname Modi?”

In his complaint, the MLA alleged that the Congress leader, while addressing the poll rally in 2019, defamed the entire Modi community.

Gandhi was sentenced by the court in Surat in the case filed under sections 499 and 500 of the Indian Penal Code (IPC), which deal with criminal defamation,

Civil and criminal defamation

In India, defamation is both a civil and criminal offence. There have been demands from several quarters to consider defamation as just a civil offence.

The remedy for civil defamation is covered under the Law of Torts. In a civil defamation case, a person who is defamed can move either the High Court or subordinate courts and seek damages in the form of monetary compensation from the accused.

Also, under sections 499 and 500 of the IPC, a person guilty of criminal defamation can be sent to jail for two years.

Sections 499 and 500 of IPC

Section 499 defines what is defamation while section 500 of the Indian Penal Code (IPC) lays down the punishment for people convicted of criminally defaming a person.

Section 499 states that any words spoken, read, or gestured with the intention of harming a person’s reputation is to be considered defamation and attract legal punishments.

It also cites exceptions. These include “imputation of truth” which is required for the “public good” and thus has to be published, on the public conduct of government officials, the conduct of any person touching any public question and merits of the public performance.

Section 500 states that a person found guilty of this crime “shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”