Section 499 IPC Archives

All HC | Onus of proving ingredients under the First Exception, S. 499 IPC is on the accused; Defence being a question of fact cannot be claimed at the stage of issuance of summons

Allahabad High Court: Yogendra Kumar Srivastava, J. dismissed the petition and declined to entertain the present application in exercise of its inherent

Case Briefs High Courts

Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case

Delhi High Court: Yogesh Khanna, J., reiterated that there is no provision in the Criminal Procedure Code to amend a criminal complaint,

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Madras HC | Political parties should restrain from making serious allegations or criticism against constitutional functionaries

“…leaders of political parties should show their statesmanship and quality and healthy politics rather than accusing others by using vituperated language in political platform.”

Case Briefs High Courts

P&H HC | Under S. 499 IPC, is it only the ‘family members’ or ‘near relatives’ of deceased person, against whom imputations have been made, can claim to be ‘persons aggrieved’? Court explains

Punjab and Haryana High Court: Sanjay Kumar, J., quashed the proceedings under Section 499 IPC against the petitioner holding that the complainant was

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Ker HC | Fourth Estate is rostrum to address matters of public interest on democracy: News items published with necessary comments, though sometimes contemptuous, may not amount to defamation

Kerala High Court: P. Somarajan, J., observed that, “…fourth estate is not expected to shy away from the matters governing public importance, but

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Kar HC | Whether pleadings in trial amount to ‘publication’ in a suit for defamation; Court discusses nuances to S. 500 IPC

Karnataka High Court: H.B. Prabhakara Sastry, J., while allowing the criminal revision in part, remarked that, if the accused seeks to take

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Madras HC | Can an advocate be made criminally liable under S. 500 IPC who acts as per the instructions of his or her client? HC explains proposition

Madras High Court: G.K. Ilathiraiyan, J., observed that, Section 500 of the Penal Code, 1860 cannot be attracted wherein an advocate acts professionally

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Cal HC | Plea of absolute privilege protects a statement in civil defamation, however false and defamatory it may be, even though made with malicious motive

Calcutta High Court: Debangsu Basak, J., while addressing a matter with regard to defamation, observed that “in a civil action for defamation, the

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Madras HC | State cannot launch prosecution under S. 199(2) of CrPC for defamation whimsically, without any application of mind

Madras High Court: While answering important questions related to freedom of press; meaning of criminal defamation against the State and requisites of

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Madras HC | “Ethical imperative of Higher Judiciary to exercise inherent power when freedom of press is at stake”: Defamation case against Economic Times quashed

Madras High Court: G.R. Swaminathan, J. has quashed the defamation case filed by V.V. Minerals (P) Ltd. against Economic Times and its

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Bom HC | Court grants anticipatory bail to man booked for falsely accusing Tablighi Jamaat members of assaulting and spitting on him

Bombay High Court: Sarang V. Kotwal, J. granted anticipatory bail to the applicant accused of making false allegations against a particular religious

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All HC | It is the duty of media to expose the government and its functionaries, for proper functioning of democratic machinery

Allahabad High Court: Dinesh Kumar Singh, J. was hearing a petition filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter

Case Briefs High Courts

Bom HC | Truth of an allegation does not permit justification under first exception to S. 499 IPC unless it is proved to be in public good

Bombay High Court: Mangesh S. Patil, J., addressed the matter with respect to a complaint filed regarding defaming the respondent in the

Case Briefs High Courts

Chh HC | Advocate acting professionally as per instructions of client can’t be prosecuted for offence of defamation under S. 500 IPC

Chhattisgarh High Court: Sanjay K. Agrawal, J. held that the continuation of criminal proceedings for the offence of defamation against an advocate who