Section 176Part 5 — Offences Injurious to the Public in General
Cases in which publication of defamatory matter is conditionally privileged
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176. A publication of defamatory matter is privileged, on condition that it was published in good faith, if the relation between the parties by and to whom the publication is made is such that the person publishing the matter is under some legal, moral or social duty to publish it to the person to whom the publication is made or has a legitimate personal interest in so publishing it, provided that the publication does not exceed either in extent or matter what is reasonably sufficient for the occasion, and in any of the following cases, namely —
if the matter published is in fact a fair report of anything said, done or shown in a civil or criminal enquiry or proceeding before any court: Provided that if the court prohibits the publication of anything said or shown before it, on the ground that it is seditious, immoral or blasphemous, the publication thereof shall not be privileged;
if the matter published is a copy or reproduction, or in fact a fair abstract, of any matter which has been previously published, and the previous publication of which was or would have been privileged under paragraph (a);
if the matter is an expression of opinion in good faith as to the conduct of a person in a judicial, official or other public capacity or as to that person’s personal character so far as it appears in such conduct;
if the matter is an expression of opinion in good faith as to the conduct of a person in relation to any public question or matter, or as to that person’s personal character so far as it appears in such conduct;
if the matter is an expression of opinion in good faith as to the conduct of any person as disclosed by evidence given in a public legal proceeding, whether civil or criminal, or as to the conduct of any person as a party, witness or otherwise in any such proceeding, or as to the character of any person so far as it appears in any such conduct as is in this paragraph mentioned;
if the matter is an expression of opinion in good faith as to the merits of any book, writing, painting, speech, or other work, performance, act published, or publicly done or made, or submitted by a person to the judgement of the public, or as to the character of a person so far as it appears therein;
if the matter is a censure passed in good faith on the conduct of another person in any matter in respect of which that person has authority, by contract or otherwise, over the other person so far as it appears in such conduct;
if the matter is a complaint or accusation made by a person in good faith against another person in respect of that person’s conduct in any matter, or Penal Code (2026 Revision) Section 177 c Revised as at 31st December, 2025 Page 77 in respect of that person’s character so far as it appears in such conduct, to any person having authority, by contract or otherwise, over that person in respect of such conduct or matter, or having authority by law to enquire into or receive complaints respecting such conduct or matter; or
if the matter is published in good faith for the protection of the rights or interests of the person who publishes it, or of the person to whom it is published, or of some person in whom the person to whom it is published is interested.