Defamation | The accused published in his newspaper an account of an outrage on a woman…within the jurisdiction of certain thana. The charge was not made against any particular and identifiable constable. Was the accused guilty of defamation?

Question: The accused published in his newspaper an account of an outrage on a woman alleged to have perpetrated by two constables within the jurisdiction of certain thana in which four constables were stationed. The charge was not made against any particular and identifiable constable. Was the accused guilty of defamation? [U.P.C.J. 2000]

Find the answer to the mains question only on Legal Bites. [The accused published in his newspaper an account of an outrage on a woman alleged to have perpetrated by two constables within the jurisdiction of certain thana in which four constables were stationed. The charge was not made against any particular and identifiable constable. Was the accused guilty of defamation? [U.P.C.J. 2000]]

Answer

No. the accused is not guilty of defamation in the present case.

Section 499 defines defamation as–

”Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.”

To establish the offence of defamation following ingredients must be satisfied:

1. An imputation regarding a person must be made or published
2. Such imputation could be through writing, words, signs, or visible representations
3. The intent behind such imputation must be to harm the reputation of the concerned about whom imputation is made or published

There are ten exceptions to section 499 state the instances in which an imputation, prima facie defamatory, may be excused. They are occasions when a man is allowed to speak out or write matters, which would ordinarily be defamatory. One of the exceptions to defamation is the Imputation of truth for the public good.

Exception 1 corresponds to the plea of just being a bare statement of truth for the public good. It recognizes the publication of truth as a sufficient justification if it is made for the public good.

So, in the present case, the accused will get the benefit from not committing any offence by virtue of Exception 1 appended to section 499, IPC. However, forgetting the benefit of the exception, it is necessary for the accused to prove that the statement made by him was substantially true and was for the public good but a court while deciding the veracity of such a statement and the protection of public good, is not expected to weigh it in a fine-scale. It has to give some allowance to the accused

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