...circulation of a letter to all the parents will fall under exceptions 1,9 and 10 of sec. 499 ipc and no offence is made out in the complaint. The learned counsel for the 1st respondent mainly contends that the...averments made in the complaint constitute an offence of defamation. He further contends thatburden is on the accused to show that exceptions to sec. 499 ipc will attract the present facts of the...case. He further contends that whether circulation of a letter fall under exceptions to sec. 499 ipc can be decided during the time of trial. The learned public prosecutor contends that defence of...

...Exception 9 of Sec. 499 IPC and that when it was done in good faith it cannot be said that an offence has been made out under Sec. 500 IPC. When the respondent was examined under Sec. 313 Cr. P.C ...court was perfectly justified in drawing an inference that the accused is entitled to the benefit of Exception 9 of Sec. 499 IPC. Even if some imputations are made by a person in good faith for the...protection of his interest or for public good he is entitled to the benefit of Exception 9 of Sec. 499 IPC and in Criminal cases the burden always lies on the prosecution to prove that his reputation...

.... 21. A reading of Sec.499 IPC makes it clear that whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any.... 22. Therefore, to constitute an offence under Sec.499 IPC, the words spoken by a person should have been spoken intending to harm the reputation of any person or the words spoken...should have been spoken knowing or having reason to believe that such imputation will harm the reputation of another. 23. By keeping the above ingredients of the offence under Sec.499 IPC in...

...1. What is the sweep of the expression ‘family or other near relatives’ in Explanation-1 of Sec. 499 IPC? In the absence of intention to be hurtful to the feelings of ‘family or other near...relatives’ is the mere knowledge that the defamatory publication would be hurtful to them sufficient to bring the conduct within the sweep of culpability under Sec. 499 IPC? Does Sec. 12 of the Press....12. For the purpose of easy understanding and reference, I extract below. Sec. 499 of the IPC and Explanation 1 as also Sec. 199(1) of the Cr.P.C:“499. Defamation.— Whoever...

..., notwithstanding the fact that privilege under Exception to Sec. 499 IPC is only qualified privilege and not an absolute one, the counsel is certainly protected under that until and unless it is proved...privileges of Exception 499 IPC. Nothing of that sort has been brought on record. Even there is no spur of who in the complaint case and therefore this court is of the opinion that primafacie, no case is made...privilege under the Exception to Sec-499, I.P.C. and only enjoys to the qualified privilege, but all the same when he drafts a petition at the instance of the client who verifies the contents of the petition...

...the supreme court that the question of applicability of exceptions to sec. 499 ipc can arise only after the commencement of the trial and at the stage of enquiry whether prima facie case is made out...whether on the 9th or under the 10th exception to sec. 499 ipc it must be established by evidence that the imputation was made in good faith, and also on proof of some other facts. Yet another case...to be quashed. (5) Section 499 ipc defines "defamation" and section 500 prescribes the punishment. Section 499 i p c lays down that whoever by words either...

...to Sec. 499 IPC are available to the accused persons and it is for them to establish that they come within the exceptions. We are concerned Page: 274with the available materials to be considered at the...Cr. P.C on the basis of the materials already on record without being influenced by any of the exceptions to Sec. 499 IPC in accordance with law and in the light of the observations made in the body of the judgment. Let the...any liability unless that can come within the exceptions to Sec. 499 of the Indian Penal Code which can be considered only at the time of trial when the accused persons are to take the defence and...

...IPC it is clear that in order to attract the provisions of Sec.499 IPC for (“defamation”), there must be intention to harm a person.6. Admittedly the petitioners are connected with...Section 200 Cr.P.C for offences punishable under Sections 499, 500, 501 and 502 IPC alleging that petitioners published a news item dated 25-11-2005 in Vijaya...intentionally published the name of respondent.5. Sections 499, 500, 501 and 502 IPC read as under:-“499. Defamation: Whoever by words either spoken or...

...complainant falls within explanation 2 to Sec. 499 IPC and he is an aggrieved person u/s. 199 Cr. P.C Relying on this decision the learned counsel for the complainant has argued that the residents of...collection of persons must be established as relatable to the defamatory words or imputations. Only a definite and determinate body would amount to ‘a collection of persons’ referred to in S. 499 IPC read with.... 499 IPC. In another case reported in Asha Parkesh v. State of Bihar (3). 1977 Crl LJ 21 it was held that portrayal of a lawyer in the film Nadan does not have any...

..., for an alleged offence under Sec.416, 420, 408, 499 and 500 IPC. The sum and substance of the complaint is as follows: 3. The complainant is one of the leading producer of cine films in...television guild of South India. He also pointed out that offences under Sec.420 and 499 IPC for cheating and defamation have been made out in the complaint and only during the course of trial, the...attract the ingredients of Sec.499 IPC. It is also well settled that to attract the ingredients of section 415of I.P.C the fraudulent intention must be at the inception. The allegations do not...

...irregularities alleged are civil in nature. But considering the allegations touching the offence U/sec.499 IPC punishable U/sec.500 IPC, 2.... 6. For the sake of convenience, Sections 500 and 499 of IPC are extracted hereunder. 500. Punishment for defamation.—Whoever defames another shall be punished...of IPC, one has to make an imputation so as to defame/cause harm to the reputation of a person. Section 499 of IPC describes defamation. The petitioner dissolving the Chapter and suspending senior...

...the alleged imputation has lowered the reputation of the complainant/2 respondent and hence it will not come under Explanation 4 of Sec. 499 IPC. 6. Though the learned...counsel also seek in aid of Explanation 4 of Sec. 499 IPC and content that there is no averment in the complaint that the imputation alleged has lowered the reputation of the 2 respondent/complainant and.... 2. Annexure AI is the complaint filed by the 2 respondent alleging the commission of offence under Section 499 and 500 IPC against the accused persons. Prosecution case as alleged in...

...defamation as defined under Sec.499 IPC is made out. There is no publication of any imputation or making any imputation. The complaint is filed before a lawful authority, which was enquired by the...authority concerned. That will not attract the offence under Sec.500 IPC. The counsel for the 1strespondent takes me 5... circumstances, I am of the considered opinion that the offence under Sec.500 IPC is not made out against the petitioner. The upshot of the above discussion is that the pr...

...incident which happened on 10-11-2003 contains only facts and no imputations muchless comments on the facts. 4 Fourth exception to Sec.499 IPC reads as follows. : fourth Exception.... V. K. T. Prabhakar Rao V/s. Dr. H. C. Mishra), it is contended by the respondents' counsel that burden is on the accused to prove exceptions to Section'499 ipc and that it would be a matter...contains any imputation, A-1 and A-2 are entitled to take protection under Fourth exception to 499 ipc because the news item contains substantially true report of proceedings of a court and result of such...

...cognizance on the strength of a complaint made by some other person other than the person aggrieved of the offence. The learned counsel also would contend that even otherwise, exception 9 of sec. 499 ipc would...learned counsel also would maintain that the second ground that exception 9 of section 499 ipc would be attracted is predominantly a question of fact which may have to be decided at the appropriate...venkata reddy filed private complaint against the petitioner on 8 - 5 - 2003 stating that the contents of the legal notice dated 22 - 7 - 2002 would constitute offences under section 499, 500 and 501 ipc...

...submitted that in any case the petitioner is saved by exception 9 to Sec. 499 IPC since he has stated the facts in good faith believing them to be correct.12. These submissions have been...herein against him for the offences under Sections 499/500 IPC pending in the court of Shri P.D Jarwal, Metropolitan Magistrate, Delhi may be quashed.2. Briefly stated the facts leading to...complainant filed a complaint dated 30th October, 1982 in the court of Shri P.D Jarwal, Metropolitan Magistrate, Delhi for trial of M.C Chaturvedi accused petitioner for the offences under Sections 499/500 IPC...

...per Section 499 IPC, the publication shall be made against 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 ...)" “Defamation” has been defined under Section 499 IPC. It reads as under: "Whoever, by words either spoken or intended to be read, or by sig...Magistrate, Narasarapet, Guntur District. The peitioner-A-3 along with others was facing trial for the offence under Sec.500 IPC. It is not in dispute the petitioner is a...

...petitioner to the police was not defamatory; and that the alleged statement comes under Exception 9 of Sec. 499, IPC, and therefore no prosecution can be lodged against the petitioner for such statement...Exception 9 of Section 499, IPC. But the later Supreme Court decisions are contrary to that. Though the Supreme Court does not refer to these two judgments, yet these two judgments are no longer good law, in...Judicial Magistrte-I, Trichirappalli for an offence punishable under Section 500, IPC, which was taken on file as C.C No. 138 of 2002. As per the complaint, the petitioner made a statement to the police...

...falls under any exception to sec.499 IPC could only be decided after the plea was recorded and at the trial and not before.10. Even earlier, in Balraj Khanna (supra) the Supreme Court...investigated at the trial while considering the applicants defence that the case falls within exception 3 or 10 to sec.499 of the IPC as contended by the applicant.14. For these reasons, there is no merit in ...RBI, had written the article in public interest and he was clearly covered by exceptions 3 and 10 to section 499 of the IPC. The Magistrate, therefore, ought not to have...

...Avadh Behari Rohatgi, J.:— The main question raised upon this revision is a pure question of law and depends upon the true construction to be placed on sec. 499 IPC. A brief narration of...facts is necessary. The petitioner Ashok Kumar filed a complaint against three respondents under sec. 500 IPC for launching false criminal proceedings under sec. 107 and 151 Cr. P.C against him with a...respondents have committed the offences under sections 427,500 and 120-B IPC. By order dated 2-8-1975 the charge under sec. 120-B was dropped as sanction of the State Government...