Allegations In Complaint Made In Good Faith To Lawful Authority Cannot Attract Offence Of Defamation : Supreme Court

The Supreme Court quashed a defamation case against a man accused of making defamatory allegations in his complaint before Sub Divisional Magistrate.

It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation, the bench of Justices J B Pardiwala and Manoj Misra noted.

In this case, Kishore Balkrishna Nand had lodged a complaint in writing addressed to the Sub Divisional Magistrate stating that a person had put up a shop by encroaching upon some land. This person filed a complaint alleging defamation. The Magistrate took cognizance of the complaint and issued summons to Kishore. Later, the Magistrate recalled this summons. The Sessions Court set aside this 'recall' order and the same was affirmed by the High Court.

In appeal before the Apex Court, the appellant-accused contended that since the alleged defamatory words or statements are said to have been made in a complaint made in writing addressed to a public authority like SDM and not made public, the same would not attract the rigours of Section 499 of the IPC. 

The court referred to the provisions of Section 499 IPC, especially the eight exception thereto.

"We are of the view that no case is made out to put the appellant to trial for the alleged offence. There is no defamation as such. Exception 8 to Section 499 clearly indicates that it is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation. Even otherwise by perusing the allegations made in the complaint, we are satisfied that no case for defamation has been made out.", the bench observed while allowing the appeal and quashing the defamation complaint.

Case details

Kishore Balkrishna Nand vs State of Maharashtra | 2023 LiveLaw (SC) 602 | 2023 INSC 675

Headnotes

Indian Penal Code, 1860 ; Exception 8 to Section 499 - It is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation - In this case, the accused lodged a complaint in writing addressed to the Sub Divisional Magistrate stating that a person had put up a shop by encroaching upon some land - Defamation complaint quashed.

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