The the cause of action arises and time

The wrong of defamation is of two kinds — namely, libel and slander. Slander: A ‘slander’ is a false or defamatory, verbal or oral statement in some transitory form, tending to injure the reputation of another without lawful justification or excuse. In India, both libel and slander are criminal offences as per Section 499 of the Indian Penal Code. Moreover, as a civil wrong, slander is actionable without special damage.

In Troilakya v. Chandra, (12 Cal. 424), it has been held that Law of India recognises personal insult conveyed by abusive language actionable per se without proof of special damage.

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A suit for damage for slander of goods or of title does not attract Art. 76. In Girish v. Jatadhari, [ILR 26 Cal. 653 (FB)], it is held that if there was no defamation or intent to defame, mere abusive and insulting ‘ words was not actionable per se.

When the slander is actionable per se the cause of action arises and time starts running when the words are spoken. But when the suit is maintainable on the proof of the special damage the time begins to run when the special damage results. When the time runs from the date when the special damage complained of results, the plaintiff may bring a second action for subsequent damage.


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