Slander
Slander is a form of defamation consisting of spoken or transitory words that harm a person's reputation, as distinguished from libel which involves written or permanent form defamation.
What is Slander?
**Slander** is a form of defamation that occurs through **spoken words, gestures, or other transitory forms** of communication that harm a person's reputation. It is distinguished from **libel**, which is defamation in a **written, printed, or permanent form**. When someone makes a false spoken statement about another person that lowers their reputation in the estimation of right-thinking members of society, they commit slander.
In everyday terms, if someone verbally tells others that you are a thief or a fraud — and the statement is false — that is slander. If they write the same thing in a newspaper or post it on social media, that is libel.
In Indian law, the distinction between slander and libel has limited practical significance because the **Indian Penal Code (IPC)** and the **Bharatiya Nyaya Sanhita (BNS)** treat both forms of defamation identically under a single offence. However, the distinction remains relevant in **tort law** (civil defamation) where English common law principles continue to apply.
Legal Definition and Framework
Criminal Law
- **Section 499 IPC (Section 356 BNS):** Defines defamation without distinguishing between slander and libel. 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 it will harm, the reputation of such person, commits defamation.
- **Section 500 IPC (Section 357 BNS):** Punishes defamation with simple imprisonment up to **two years**, or fine, or both.
Under Indian criminal law, slander and libel attract the **same punishment**. There is no difference in the seriousness of the offence based on whether the defamation was spoken or written.
Tort Law (Civil Defamation)
In civil law, the distinction between slander and libel is significant, following English common law principles:
- **Libel is actionable per se** — the plaintiff need not prove that they suffered actual damage. The publication of defamatory matter in permanent form is presumed to cause harm.
- **Slander is generally not actionable per se** — the plaintiff must prove **special damage** (actual pecuniary loss) unless the slander falls within certain excepted categories:
1. Imputation of a **criminal offence** punishable with imprisonment.
2. Imputation of a **contagious or infectious disease** that would cause the person to be avoided.
3. Imputation that injures a person in their **office, profession, trade, or business**.
4. Imputation of **unchastity** to a woman.
In these excepted categories, slander is actionable per se — no proof of special damage is required.
Defences to Slander
The defences available to a claim of slander include:
- **Truth (Justification):** If the statement is substantially true, it is a complete defence both in criminal and civil law.
- **Fair Comment:** An honest opinion on a matter of public interest is protected.
- **Privilege:** Statements made in judicial proceedings, parliamentary proceedings, or in good faith for the protection of the maker's or another's interests enjoy qualified or absolute privilege.
- **Consent:** If the plaintiff consented to the publication, no action lies.
When Does This Term Matter?
In Criminal Complaints
A person who has been slandered can file a **criminal complaint** under Section 500 IPC (Section 357 BNS). Defamation is a **non-cognizable** and **compoundable** offence — the police cannot arrest without a warrant, and the parties can settle. The complaint must be filed before a Magistrate, who examines the complainant and may issue process to the accused.
In Civil Suits for Damages
The aggrieved person can file a civil suit for damages and an injunction against the slanderer. The plaintiff must establish: (1) the defendant made a defamatory statement; (2) the statement referred to the plaintiff; (3) the statement was published (communicated to a third person); and (4) the statement caused damage (or falls within the per se categories).
In Media and Public Life
Slander is particularly relevant in political discourse, public debates, and media appearances where spoken statements can damage reputations. Public figures, while subject to greater scrutiny, retain the right to sue for malicious false statements.
In Workplace Disputes
False verbal accusations by employers or colleagues — such as calling an employee a thief or accusing them of misconduct — can constitute slander actionable in civil court and prosecutable under the IPC.
Practical Significance
- **Dual remedy** — the aggrieved person can pursue both criminal prosecution and civil damages for the same slanderous statement.
- **Proof challenges** — slander, being spoken, is harder to prove than libel. Witnesses who heard the statement are essential.
- **Special damage for ordinary slander** — in civil suits, the plaintiff must prove actual financial loss unless the slander falls within the per se categories.
- **No distinction in criminal law** — Indian criminal law treats spoken and written defamation identically, making criminal prosecution equally available for slander.
- **Injunction possible** — courts can restrain a person from repeating slanderous statements through an injunction.
Frequently Asked Questions
What is the difference between slander and libel in Indian law?
**Slander** is defamation through spoken or transitory words; **libel** is defamation in written, printed, or permanent form. In **criminal law**, Indian statutes make no distinction — both are punishable equally under Section 500 IPC (Section 357 BNS). In **civil (tort) law**, the distinction matters: libel is actionable per se (no need to prove damage), while slander generally requires proof of special damage unless it falls within specific categories such as imputing a criminal offence or injuring a person in their profession.
Can slander on social media be treated as libel?
The classification depends on the **medium and permanence** of the communication. A live spoken statement on a video call may be closer to slander, while a recorded video, voice note, or typed comment posted on social media is closer to libel because it is in a **permanent and reproducible form**. Indian courts have increasingly treated defamatory content on social media as libel given its permanence, wide reach, and the ability of anyone to access and share it.
Is truth an absolute defence to a slander claim?
In **civil law**, truth (justification) is a **complete defence** — if the defendant proves that the statement is substantially true, the slander claim fails regardless of malice. In **criminal law** under Section 499 IPC, truth is a defence only under the **First Exception**, which requires that the imputation be true **and** that the publication was made for the **public good**. Thus, in criminal proceedings, truth alone is not sufficient — the element of public good must also be established.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
Defamation
Defamation is the publication of a false statement about a person that injures their reputation, actionable as both a criminal offence under the IPC/BNS and a civil tort entitling the aggrieved person to damages.
Innuendo
Innuendo is a legal term in defamation law referring to a hidden or indirect defamatory meaning of a statement that is not apparent on its face but is understood by those with special knowledge of the circumstances.
Damages
Damages are the monetary compensation awarded by a court in civil proceedings to a person who has suffered loss, harm, or injury due to the wrongful act or breach of obligation by another party.
Injunction
An injunction is a court order that directs a party to do or refrain from doing a specific act, used to preserve rights and prevent irreparable harm during or after litigation.