section (1) of Section 201 , can it be said that a
prima facie case exists for trial or Exception 8 to Section 499
clearly applies ... defines the offence
of defamation and Section 500 provides the punishment for
such offence. Exception 8 to Section 499 clearly indicates
that
said, except in the cases hereinafter excepted, to defame
that person." In all 10 Exceptions are enumerated in section 499 of
the Penal Code ... under
section 204 read with section 200, Cr. PC does not ipso
facto stand vitiated for non-consideration of the Exceptions
to section 499
said, except in the cases hereinafter excepted, to defame that
person."
24.To constitute "defamation" under Section 499 of the IPC, there ... charge of defamation under Section 500 IPC,
the accused invokes the aid of Tenth Exception to Section 499 IPC,
"good faith
defamation punishable under section 500 of the Indian Penal
Code unless covered by one of the exceptions of section 499
Indian Penal Code ... under sections 397 and 401 of
Cr. P.C. and that they claimed and canvassed the protection
under the ninth exception to section 499
does not appear to have noticed the law
governing the Ninth Exception Section 499 IPC. The requirement of
the person making imputations having to make ... statement is
not an element of the Ninth Exception as of the First Exception
to Section 499. In the Ninth Exception the person making
Section 499. But the
available materials and averments will show that Annexure A article
will come within the clutches of Explanation 4 of Section 499 ... appears to me that the
above three Exceptions, viz., first, fourth and ninth Exceptions to
Section 499 is inextricably interconnected with the freedom of
press
Petitioners for the offence under Section 500 / 34 IPC held that none of
the exceptions set out in Section 499 IPC were prima facie applicable ... under Section
500 IPC. As observed in Balraj Khanna (SCC, p 217):
"the question of the application of the
Exceptions to Section 499
case falls in 'First Exception' or in any
case under the 'Eighth Exception' to Section 499 IPC. The said exceptions ... whether the case in hand falls within any
of the exceptions to Section 499 IPC, it is apposite to refer to a judgment of
Supreme
exceptions to Section 499 I.P.C., they would fall squarely within the ambit of the operative part of Section 499 and in that event ... Section.
11. But while not invoking the provisions of said Exception 8, Mr. Lalit relied upon the provisions of Exception No. 9 of Section 499
public interest and therefore falls under the First and Ninth Exceptions under Section 499 of IPC and further that they were not guilty ... public interest and falls within the First and Ninth Exceptions under Section 499 of IPC was totally rested on them and having
