Exceptions.

B. It is not defamation to publish in good faith any fair comment on matter of public interest or open to public criticism, or a correct and fair report of a public judicial or legislative proceeding; or to communicate in good faith to any person in a manner not in excess of the occasion any information or opinion which it is proper to communicate in the interest of that person, or of the person making the communication, or of the public.

This section does not affect the construction or application of the exceptions to s. 499 of the Indian Penal Code.

C. Saving of criminal jurisdiction as in clause 31 of the present draft.

Saving and exclusion of Penal Code as to defamation.31. Nothing in this Act shall affect the construction or operation of Chapter XXI. of the Indian Penal Code; and nothing in Chapter XXI. of the Indian Penal Code shall affect the construction or operation of this chapter of this Act.

Saving of criminal jurisdiction on other grounds. Nothing in this Act shall justify or excuse in a court of criminal jurisdiction the publication of any matter the publication whereof is otherwise punishable.

Defamation defined.32. (1) Every one commits a wrong who defames another without lawful justification or excuse.

(2) A person is said to defame another if he makes to any third person a defamatory statement concerning that other.

(3) A statement is said to be defamatory which conveys concerning a person any imputation tending to bring him into hatred, contempt, or ridicule, or, being made concerning him in the way of his office, profession, or calling, tends to injure him in respect thereof.

(4) A statement may be made by spoken or written words, or by signs, or by pictorial or other representations or symbols, and either directly or by insinuation or irony.

(5) A person is deemed to make to another person any statement which, knowing or having reasonable means of knowing its effect, he communicates or causes to be communicated to that person.

(6) A statement is deemed to concern any person thereby designated with reasonable certainty, including any member of a definite body of persons thereby collectively designated whose individual members can be identified.