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MJ Akbar files defamation case against Priya Ramani - can someone be jailed in defamation case?

What are sections 499 and 500 of IPC?

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Minister of State (MoS) for External Affairs, M. J. Akbar on Monday filed a defamation case in Delhi's Patiala House Court against Priya Ramani, the journalist who alleged that Akbar sexually harassed her.

A statement from Akbar's lawyers confirmed that the complaint has been filed under sections 499 and 500 of the Indian Penal Code. While Ramani had stated before the suit that 'truth is the best defence', Twitter users have also promised to come together and crowd fund her defence. 

In India, cases can be filed under criminal and civil defamation. Under criminal defamation, which comes under sections 499 and 500 of Indian Penal Code, an individual found guilty can face imprisonment. 

The IPC states: "Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both."

What are sections 499 and 500 of IPC? 

Section 499 in The Indian Penal Code

Defamation.—Whoever, 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, is said, except in the cases hereinafter expected, to defame that person.

500. Punishment for defamation

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

After the recent #MeToo campaign raged in India, at least seven women alleged Akbar of sexually harassing them in the 1990s, when he was working as the editor for various newspapers.

Akbar has been facing flak over the allegations, with opposition parties demanding the minister's resignation.

 

In October last year, when the #MeToo campaign peaked in Hollywood, journalist Priya Ramani had written an article for Vogue India, titled, "To the Harvey Weinstein of the world" and narrated her ordeal about the gut-wrenching incident of sexual misconduct she faced during a job interview with a renowned journalist who had "transformed Indian journalism".
Akbar, who on Sunday returned from an official trip to Nigeria, issued a statement, denying all allegations as "wild and baseless."


"Ms Priya Ramani began this campaign a year ago with a magazine article. She did not however name me as she knew it was an incorrect story. When asked recently why she had not named me, she replied, in a Tweet: 'Never named him because he didn't 'do' anything.' If I didn't do anything, where and what is the story’ There is no story. This was admitted at the very inception," Akbar's statement read.

 

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