recognised defences against the allegations of having
committed defamation, as contemplated by Section 499 IPC.
Secondly, whether the complainants could at all be
described ... subject to
reasonable restrictions based on considerations of `public
order', `defamation', `decency and morality' among other
grounds.
11. We have considered
prismatic
4
perspective, there is no justification to keep the provision of
defamation in criminal law alive as it creates a concavity and
unreasonable restriction ... learned
counsel for the parties, dwell upon the concepts of ‘defamation’ and
‘reputation’, delve into the glorious idea of “freedom of speech and
expression
Section 499 of the IPC, which imposes restrictions in
the law of defamation, is clearly attracted in favour of the appellants. It
was thus, pleaded ... allegations in the complaint did not
constitute an offence of defamation punishable under Section 500 IPC
and, therefore, the High Court ought to have quashed
Libel are not applicable when considering a case of
defamation under the Indian Penal Code . He- has also
referred us to certain decisions in support ... process is issued.
The question arises whether in an action for defamation
under Section 500 I. P. C., it is necessary that the actual
statements
Code
of Criminal Procedure (Act 5 of 1898) s. 198-Defamation of
collection of persons-When member of the body can complain
as aggrieved person ... that, if a Magistrate were to
take cognizance of the offence of defamation on a complaint
filed by one who is not an aggrieved person
CITATION:
1961 AIR 387 1961 SCR (2) 63
ACT:
Criminal Trial--Defamation of Public servant in respect of
public function--Complaint before Sessions Judge ... Code relating to initiation
and trial of the offence of defamation, including s. 198.
Sub-section (13) of s. 198-B which provides that
contained in an application to this Court upon which a charge of defamation is based are absolutely privileged, it should be considered by a Special ... cases hereinafter excepted, to defame that person.
Eighth Exception--It is not defamation to prefer in good faith an accusation against any person
because it was a general
sanction and not with respect to the defamation of any
particular Public Prosecutor or Assistant Public Prosecutor;
for the purpose ... sanction given by the Government was
specifically with respect to the defamation of S, the
Assistant Public Prosecutor, Aligarh, and the other
prosecuting staff
Next, it contended that the ingredients of the
offence of defamation under Section 499 of the IPC have
not been made out. The first ingredient ... Section 482 of the Cr.PC.
As far as the offence of defamation is concerned, even
though the offence under Section 500 is non-cognizable
Advocate for the
appellant.
10. Section 499 IPC defines the offence of defamation. It
contains 10 exceptions and 4 explanations. The relevant portion
reads;
“ Section ... Defamation.— Whoever, by words either spoken or
intended to be read, or by signs or by visible representations,
makes or publishes any imputation concerning
