Defamation Question | A says about a witness Z- “I do not believe what Z asserted at that trial because I know him to be a man without veracity”. Is A’s opinion defamation of Z. Give reasons and also refer to the relevant provision, if any, on the point under Indian Penal Code.

Question: Defamation Question | A says about a witness Z— “I do not believe what Z asserted at that trial because I know him to be a man without veracity”. Is A’s opinion defamation of Z. Give reasons and also refer to the relevant provision, if any, on the point under Indian Penal Code. [R.J.S. 1991]

Find the answer to the mains question only on Legal Bites. Defamation Question | [A says about a witness Z— “I do not believe what Z asserted at that trial because I know him to be a man without veracity”. Is A’s opinion defamation of Z. Give reasons and also refer to the relevant provision, if any, on the point under Indian Penal Code.]

Answer

In section 499 which deals with defamation, there are certain exceptions stated in the provision.

The Fifth Exception is 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. It has been pointed out by the Delhi High Court in Ashok Kumar v. Radha Kishan [1983) Cr LJ 48 (Del)] following the Supreme Court decision in Basir-ul-Huq v. State of West Bengal [AIR 1953 SC 293] that section 499, IPC, confers only qualified privilege within the corners of that section.

Section 499 confers only qualified privilege on certain occasions. It is common to speak of the statement as having privilege, but it is an occasion and not the statement, which is privileged. A party to a judicial proceeding enjoys only qualified privilege because that is what is statutorily enumerated in the ninth exception to section 499. No absolute privilege can be claimed.

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