Define the term 'defamation' and explain the difference between criminal defamation and civil defamation under the Indian Penal Code.

Defamation is a legal term used to describe any false statement that is made about an individual or entity, which is damaging to their reputation. In India, defamation is governed by the Indian Penal Code, 1860, and is considered both a criminal offense and a civil wrong.

Criminal defamation is defined under IPC section 499 of the . According to this section, whoever by words, spoken or written, 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 to defame that person. In criminal defamation cases, the state initiates proceedings against the accused, and the accused can face imprisonment for up to two years, along with a fine.

The burden of proof in a criminal defamation case lies with the prosecution, and they must prove beyond reasonable doubt that the accused intentionally made false statements with the intention of harming the reputation of the plaintiff. In India, a criminal defamation case can only be initiated by an individual, and not by a corporation or other legal entity.

Civil defamation, on the other hand, is a private wrong, and the aggrieved party can seek compensation for damages in a civil court. A civil defamation suit can be filed under the law of torts, which seeks to provide compensation for the harm caused to the reputation of the aggrieved party. In civil defamation cases, the plaintiff initiates the proceedings, and the burden of proof lies with them.

In civil defamation cases, the plaintiff must prove that the defendant made a false statement about them, and that the statement caused harm to their reputation. The compensation awarded in civil defamation cases is typically in the form of monetary damages, and the amount of damages awarded is determined by the court based on various factors, such as the severity of the harm caused to the plaintiff's reputation.

It is important to note that truth is a defense in both criminal and civil defamation cases in India. If the defendant can prove that their statement was true, they cannot be held liable for defamation.

In conclusion, while both criminal and civil defamation cases deal with false statements that harm an individual's reputation, the key difference lies in the nature of the proceedings. In criminal defamation cases, the state initiates the proceedings, while in civil defamation cases, the aggrieved party initiates the proceedings. Additionally, in criminal defamation, the accused can face imprisonment, while in civil defamation, the accused can only be ordered to pay damages.