What is IPC Section 500?
IPC Section 500 falls within Chapter XXI of the Indian Penal Code ("Of Defamation"), and works alongside Section 499, which defines defamation and lays down ten exceptions where an otherwise harmful imputation is not treated as defamation — such as true statements made for the public good, fair comment on the conduct of a public servant, fair comment on a public question, and reporting court proceedings. While Section 499 lays out the definitional framework and exceptions, Section 500 provides the actual penal consequence: simple imprisonment for up to two years, or fine, or both, for anyone who defames another.
Being classified as a non-cognizable offence, a Section 500 case cannot be initiated by an FIR registered by the police; instead, the aggrieved person must file a formal complaint before a Magistrate under the procedure for complaint cases. Courts have repeatedly emphasized that cognizance of this offence can only be taken on such a complaint by the "person aggrieved," and criminal proceedings initiated otherwise (such as through a police FIR) are liable to be quashed. Additionally, being a bailable and compoundable offence, a person accused under Section 500 can secure bail readily, and the matter can potentially be resolved through settlement with the person defamed.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Sections 499 and 500 IPC have now been consolidated into a single Section 356 of the BNS, with Section 356(1) defining defamation and Section 356(2) prescribing the punishment. Notably, the BNS introduces "community service" as an additional sentencing option alongside simple imprisonment and fine — a rehabilitative alternative not available under the IPC. FIRs/complaints registered before 1 July 2024 continue to be tried under IPC 499/500; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 500 IPC
Section 500 must be read together with Section 499, which defines defamation as making or publishing (by words, signs, or visible representations) any imputation concerning a person, intending to harm, or knowing or having reason to believe that it will harm, that person's reputation — subject to ten specific exceptions. Sections 501 and 502 create related offences for printing/engraving and selling material known to be defamatory, each also carrying up to 2 years' simple imprisonment.
Punishment Under Section 500
| Imprisonment | Simple imprisonment (not rigorous) for a term which may extend to 2 years |
|---|---|
| Fine | Or with fine, or with both imprisonment and fine |
| Nature of Offence | Non-Cognizable — police cannot register an FIR; a formal complaint before a Magistrate is required |
| Bailable / Non-Bailable | Bailable — bail is a matter of right |
| Compoundable | Compoundable — by the person defamed if against a private person; by the person defamed with the Court's permission if the case was instituted regarding a public servant's conduct |
| Triable By | Magistrate of the First Class (Court of Session if against the President, Vice-President, Governor, Administrator of a Union Territory, or a Minister, when instituted upon a complaint by the Public Prosecutor) |
| Related Provisions | Section 499 (definition of defamation and its exceptions), Section 501 (printing defamatory matter), Section 502 (selling defamatory printed matter) |
Key Ingredients / Essential Elements
The accused must have made or published a defamatory imputation
Consistent with the definition under Section 499, this may be through spoken or written words, signs, or visible representations.
The imputation must concern the complainant specifically
The statement must relate to an identifiable person (or a definite and identifiable group of persons).
Intention or knowledge that it will harm reputation
The accused must have intended to harm the reputation of the person, or known or had reason to believe the statement was likely to cause such harm.
The imputation must not fall within any of the ten exceptions under Section 499
If the statement is protected — such as truth for the public good, fair comment, or privileged reporting — no offence under Section 500 is made out.
What Should You Do — For Complainants and For the Accused
If You Have Been Defamed
- Since the offence is non-cognizable, you must file a formal complaint before a Magistrate under Section 200 CrPC (or its BNSS equivalent) rather than approaching the police for an FIR.
- Preserve evidence of the defamatory statement, such as publications, recordings, screenshots, or witness accounts, along with proof of the harm caused to your reputation.
- Consider whether a parallel civil suit for damages may also be appropriate, since defamation can be pursued both as a criminal offence and as a civil wrong.
If You Are Accused Under Section 500
- Since the offence is bailable, bail can typically be secured without significant difficulty.
- A key defence is to show that the statement falls within one of the ten exceptions under Section 499 — such as truth for the public good, fair comment, or good-faith reporting.
- Since the offence is compoundable, explore whether the matter can be resolved through settlement with the person defamed, potentially avoiding a lengthy trial.
Complaint & Bail Process Under Section 500
Filing a Complaint
Being non-cognizable, the aggrieved person must file a formal complaint before a Magistrate, since courts have held that no cognizance can be taken on a police FIR alone.
Magistrate's Examination & Summoning
The Magistrate examines the complaint and evidence, and if a prima facie case is made out, issues a summoning order to the accused.
Bail
Being bailable, the accused is entitled to bail as a matter of right if summoned or arrested in connection with the case.
Trial or Compounding
The case proceeds to trial before the relevant court, though being compoundable, the parties may settle the matter with the person defamed at any stage.
Important / Landmark Cases on Section 500
Praveen Arya v. State of NCT of Delhi
The Delhi High Court set aside a summoning order in a defamation case, holding that cognizance for the offence under Section 500 IPC could only be taken on a formal complaint filed by the "person aggrieved" under Section 200 CrPC, and that no cognizance for this offence can be taken on the basis of an FIR alone.
Subramanian Swamy v. Union of India
The Supreme Court upheld the constitutional validity of criminal defamation under Sections 499 and 500 of the IPC, rejecting the challenge that these provisions violated the fundamental right to freedom of speech and expression under Article 19(1)(a), and recognized reputation as an important facet of the right to life under Article 21.