CHAPTER XX.

OF OFFENCES RELATING TO MARRIAGE.

For commentary on this chapter, see Part II., Chapter XIII., and special references to the following sections.

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

493. EVERY man who, by deceit, causes any woman who is not lawfully married to him to believe that she is lawfully married to him, and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

For commentary on ss. 493, 495, 496, see Part II., § 642.

Marrying again during the life

494. Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

time of husband or wife.

Exception. This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time, provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted, of the real state of facts, so far as the same are within his or her knowledge.

For commentary on s. 494, see Part II., §§ 643–654.

Same offence with concealment

of the former mar

495. Whoever commits the offence defined in the last preceding section, having concealed from the person with whom the subsequent marriage is contracted the fact of the former riage from the marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

person with whom

subsequent marriage is contracted.

Marriage

cere

496. Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, shall also be liable to fine.

mony gone through intent without

with fraudulent

lawful marriage.

and

497. Whoever has sexual intercourse with a person who is, and whom he knows or has reason to Adultery. believe to be, the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. For commentary on s. 497, see Part II., §§ 655-658.

Enticing or tak ing away or detaining with a criminal intent a married woman.

498. Whoever takes or entices away any woman who is and whom he knows, or has reason to believe, to be the wife of any other man from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals, or detains with that intent, any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. For commentary on s. 498, see Part II., §§ 659-661.

CHAPTER XXI.

OF DEFAMATION.

For commentary on this chapter, see Part II., §§ 662-693, and special references below.

499. WHOEVER, by words either spoken or intended to be read, or by signs, or by visible representaDefamation. tions, 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, except in the cases hereinafter excepted, to defame that person.

Explanation 1.-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2.-It may amount to defamation to make an imputation concerning a company, or an association, or collections of persons as such.

For commentary on Explanations 1 and 2, see Part II., § 668.

Explanation 3.-An imputation in the form of an alternative, or expressed ironically, may amount to defamation.

Explanation 4.-No imputation is said to harm a person's. reputation, unless that imputation, directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

Illustrations.

in

(a) A says, "Z is an honest man; he never stole B's watch; tending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions.

(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.

(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.

Imputation of any truth which

First Exception.-It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation the public good should be made or published. Whether or not it is for the public good is a question of fact.

requires to be made or published.

Public conduct

For commentary on Exception 1, see Part II., § 645. Second Exception.-It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no farther.

of public servants.

For commentary on Exceptions 2, 3, 5, and 6, see Part II., §§ 664 -667.

Third Erception.—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question and respecting his character, so far as his character appears in that conduct,

Conduct of any person touching any public ques

tion.

and no farther.

Publication of reports of proceedings of Courts of

Justice.

Fourth Exception.-It is not defamation to publish a substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

For commentary on Exception 4, see Part II., § 662.

Explanation.-A Justice of the Peace, or other officer holding an inquiry in open Court, preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.

Merits of a case decided in a Court of Justice; or con

Fifth Exception.-It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or duct of witnesses respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no farther.

and others concerned therein.

Illustrations

(a) A says, "I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest." A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no farther.

(b) But if A says, "I do not believe what Z asserted at that trial, because I know him to be a man without veracity," A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's conduct as a witness.

Sixth Exception.-It is not defamation to express in good faith any opinion respecting the merits of Merits of a public performance. any performance which its author has submitted to the judgment of the public, or respecting the character of the author, so far as his character appears in such performance, and no farther.

Explanation. A performance may be submitted to the judgment of the public expressly, or by acts on the part of the author which imply such submission to the judgment of the public.

Illustrations.

(a) A person who publishes a book, submits that book to the judgment of the public.

(b) A person who makes a speech in public, submits that speech to the judgment of the public.

(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.

(d) A says of a book published by Z, Z's book is foolish, Z must be a weak man. Z's book is indecent, Z must be a man of impure mind." A is within this exception, if he say this in good faith, inasmuch as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no farther.

(e) But if A says, "I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine," A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book.

Seventh Exception.-It is not defamation in a person having over another any authority, either conferred by law, or arising out of a lawful contract made with that other, to pass good faith any censure on the conduct of that other in matters to which such lawful

Censure passed in good faith by a person having lawful authority over another.

authority relates.

in