Section 500 IPC: Punishment for defamation

Indian Penal Code, 1860

Section 500 IPC at a Glance

Section 500 IPC deals with punishment for defamation. It is bailable and non-cognizable, triable by the Court of Session or Magistrate of the first class; from 1 July 2024 it is replaced by Section 356(2) BNS.

Punishment

Simple imprisonment for up to two years.

Bailable ⓘNon-Cognizable ⓘCompoundable (depends on the case) ⓘ🏛️ Court of Session or Magistrate of the first class ⓘ
BNS Equivalent

Section 356(2) →

Section 500 IPC Bare Act Text

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.

Source: Section 500, Indian Penal Code, 1860

Section 500 IPC in Simple Words

Section 500 of the Indian Penal Code (IPC) punishes defamation as defined under Section 499 IPC. Whoever defames another is punishable with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Ingredients of Section 500 IPC

  • Making or publishing an imputation concerning another person
  • Doing so by spoken words, words intended to be read, signs or visible representations
  • Intending to harm, or knowing or having reason to believe that the imputation will harm, the reputation of that person

Punishment Under Section 500 IPC

Imprisonment

Simple imprisonment for up to two years.

Fine

Fine in place of imprisonment, or both. The section sets no limit.

Bailable ⓘNon-Cognizable ⓘCompoundable (depends on the case) ⓘ🏛️ Court of Session or Magistrate of the first class ⓘ

The First Schedule classifies the offence as non-cognizable and bailable in every case, but divides the trial court by who is defamed and who makes the complaint. Section 320 CrPC divides compounding in the same manner.

  • Triable by: Court of Session where the offence is defamation of the President, the Vice-President, the Governor of a State, the Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions, and the case is instituted upon a complaint made by the Public Prosecutor. Magistrate of the first class in any other case.
  • Compoundable: By the person defamed. In the case triable by the Court of Session, only with the permission of the court, under Section 320(2) CrPC. In any other case without permission of the court, under Section 320(1) CrPC.

Whoever defames another is punishable with simple imprisonment for up to two years, or fine, or both. The offence is non-cognizable and bailable. It is triable by the Court of Session on a complaint by the Public Prosecutor where the President, the Vice-President, the Governor of a State, the Administrator of a Union territory or a Minister is defamed in respect of his public functions, and by a Magistrate of the first class in every other case.

Example of Section 500 IPC

In 2020 in Shimla, Naveen sent letters to the clients of an accountant named Rohini falsely stating that Rohini forged tax receipts and embezzled client money. Naveen wrote and circulated the letters intending to harm Rohini's reputation and knowing that the accusation would lower her credit and professional character in the estimation of others. Because the allegation was fabricated and did not fall within any of the Exceptions to defamation, Naveen defamed Rohini. Naveen is punishable under Section 500 IPC.

When Section 500 IPC Does Not Apply

  • The statement is protected by one of the ten statutory Exceptions to defamation under Section 499 IPC, such as a true imputation published for the public good.
  • The person making the statement had no intention to injure reputation and neither knew nor had reason to believe that the imputation would harm the other person's reputation.
  • No imputation concerning the complainant was made or published by the accused.

Section 500 IPC in the BNS

Section 500 IPC is now covered under Section 356(2) BNS.

Section 500 IPC corresponds to Section 356(2) BNS. The punishment of simple imprisonment up to two years, or fine, or both, is retained, and Section 356(2) BNS adds community service as an alternative penalty.

View detailed comparison (IPC 500 vs BNS 356(2)) →

FAQs on Section 500 IPC

What does Section 500 IPC punish?▼

It punishes whoever defames another person with simple imprisonment for a term which may extend to two years, or with fine, or with both.

What constitutes defamation for the purposes of Section 500 IPC?▼

Defamation as defined under Section 499 IPC: making or publishing an imputation concerning a person intending to harm reputation, or knowing or having reason to believe that it will harm reputation, unless covered by a statutory Exception.

Is an offence under Section 500 IPC cognizable?▼

No. The First Schedule classifies it as non-cognizable in every case, so police cannot investigate without an order from a Magistrate under Section 155(2) CrPC.

Is an offence under Section 500 IPC bailable?▼

Yes. The First Schedule classifies Section 500 IPC as bailable in every case.

Which court tries an offence under Section 500 IPC?▼

The Court of Session tries the case where the President, the Vice-President, the Governor of a State, the Administrator of a Union territory or a Minister is defamed in respect of his conduct in the discharge of his public functions and the Public Prosecutor makes the complaint. A Magistrate of the first class tries every other case.

Can an offence under Section 500 IPC be compounded?▼

Yes, by the person defamed. In cases triable by the Court of Session, compounding requires permission of the court under Section 320(2) CrPC. In other cases, permission is not required under Section 320(1) CrPC.

Where is Section 500 IPC placed in the Bharatiya Nyaya Sanhita?▼

It is placed in Section 356(2) BNS, which retains the two-year maximum term and fine, while adding community service as a sentencing option.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·