The answer to your question would depend on facts of the case.
Offence of defamation is defined in Section 499 of the IPC and it is punishable under Section 500 of the IPC. There are several exceptions laid down in Section 499 IPC in which situation, the offence of defamation may not be made out. Some of the exceptions, which may perhaps be applicable in your case (depending on detailed facts), may perhaps be – accusation made in good faith in a case in court, opinion expressed on merits of a case in good faith, imputations made in good faith for protection of one’s own interests, etc. The relevant exceptions in Section 499 IPC (which may perhaps be applicable in your case, depending on the detailed facts) are as under:
“Fifth Exception.—Merits of case decided in Court or conduct of witnesses and others concerned.—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 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 further.
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 further.
(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.
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Eighth Exception.—Accusation preferred in good faith to authorised person.—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father—A is within this exception.
Ninth Exception.—Imputation made in good faith by person for protection of his or other’s interests.—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.
Illustrations
(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.”
So, it will depend on the detailed facts of your case. Whether the accusation of impotency is completely false, without any supporting evidence? Was it made in good faith? Was it unnecessarily publicized outside the court too? And, many other relevant facts.
You may consult some lawyer by showing your detailed facts to ascertain whether it would be advisable to file a defamation case and whether your spouse’s statement of your impotency is covered under the above or any other exceptions in the defamation offence.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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