Case Summary : ASHOK KUMAR VS RADHA KISHAN VIJ AND OTHERS

ASHOK KUMAR VS RADHA KISHAN VIJ AND OTHERS

Author : Akash Krishnan

Citation: 1983 CriLJ 48, 1983 (2) Crimes 935

Bench: A B Rohatgi

INTRDUCTION

Section 499 of the Indian Penal Code talks about Defamation. Defamation can be defined as any sign or representation, verbal or written made with the intention to cause harm or made with the knowledge that such representation will cause harm to the reputation of any person. Section 500 of the Code provides the punishment for Defamation as imprisonment for two years or fine or both as the case may be.

Section 107 of the Indian legal code talks about Abetment. It states that when an individual instigates another person to try to do an act or conspires with someone or group of persons to perform an act or intentionally aids within the commission of the offence either by an act of illegal omission or commission. 

Section 151 of the Code talks about assembling together after being ordered to disperse lawfully. If a group of 5 or more people assemble and disrupt public peace even after they have been commanded to disperse lawfully, knowingly or unknowingly, shall be subject to imprisonment of a term of 6 months or fine or both.

This case deals with the aforesaid provisions.

FACTS

The Petitioner in the present case filed this petition under Sections 500, 151 and 107 of IPC. He stated that the three accused had entered into a criminal conspiracy and conspired against him so that he would undergo punishment for an offence he did not commit. They accused him of teasing the daughter of an individual. All three used their power and positions to act as a witness which resulted in the conviction of the Petitioner.

The petitioner therein filed an appeal and thereafter a revision petition wherein he was finally acquitted and now he filed this petition for false accusations and defamation as the society did not accept him and his own family and friends treated him with disrespect.

The trial magistrate held that the petition is not maintainable and that the Accused has Absolute Privilege on his part so he cannot be held guilty. Hence this Revision petition came into place.

ISSUE

Whether the imputations made against the Petitioner amount to be of Defamatory Nature?

JUDGEMENT

The defence to defamation lies on two grounds. Absolute and Qualified Privilege. When the privilege is Absolute in nature, whatever be the defamatory imputation, no action shall lie against the same. The freedom of speech prevails over the right to reputation. Whereas, when the privilege is Qualified in Nature, the level to which defamatory imputations may be used is subject to the limits of the law and the social scenario. If there is abuse of power, there lies no immunity for the same.

The current scenario is of a Qualified Privilege and not an Absolute Privilege. Since the present case deal with Criminal Defamation and not Civil Defamation, the principle of Absolute Privilege is not applicable here. Hence the Petition was allowed.

ASHOK KUMAR VS RADHA KISHAN VIJ AND OTHERS