Defamation | A says, “I think B’s evidence in that trial is so contradictory that he must be stupid or dishonest”. Is A’s opinion defamation of B? Decide and refer to the legal provision.

Question: A says, “I think B’s evidence in that trial is so contradictory that he must be stupid or dishonest”. Is A’s opinion defamation of B? Decide and refer to the legal provision. [UP. A.P.O. 1997, R.J.S. 1991]

Find the answer to the mains question only on Legal Bites. [A says, “I think B’s evidence in that trial is so contradictory that he must be stupid or dishonest”. Is A’s opinion defamation of B? Decide and refer to the legal provision.]

Answer

No, A’s opinion on the evidence produced by B in the trial is not a defamatory statement by virtue of Exception fifth appended to section 499, IPC.

The fifth exception on Merits of a case decided in Court or conduct of witnesses and others concerned states-

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.

This exception protects bona fide comments on cases adjudicated, but not when they are still sub-judice. Everyone has a right to discuss fairly and bona fide the administration of justice as evidenced before courts But the comment must be confined to the merits of the case including the conduct of parties, their agent, and witnesses since the expression of such opinion must be made in good faith. It follows that it must be fair and honest, based upon reason or discussion.

The facts of the present case are borrowed from Illustration (a) to this section. In this case, 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

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