The Principal of a convent school, Agartala, Sister Mary Fernandez, filed a case against two persons named, Ali Kehtan and John Augustine alleging that they had made defamatory remarks in the complaint which they had sub

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
The Principal of a convent school, Agartala, Sister Mary Fernandez, filed a case against two persons named, Ali Kehtan and John Augustine alleging that they had made defamatory remarks in the complaint which they had submitted to the Deputy Commissioner, Agartala. The accused stated in the complaint "that the building of the aforesaid school is quite unsafe and it may bring about any disaster upon the students of this school at any time; that it as a money minting institution; that the indiscipline among the students is to an unlimited extent and this has created a great problem for the nearby residents. That it appears that this school has become a meeting place for the both sexes and the principal, Sister Mary Fernandez is turning a deaf ear towards the character of the students; that if these are not checked in time, they may become a great problem for the city". In an enquiry before the Sub Divisional Magistrate (SDM), the allegations of the accused were found to be false and their complaint was dismissed. Consequently, Sister Mary Fernandez approaches police station to file criminal defamation case against the accused persons. Police registers a case of defamation, a bailable offence against Ali Kehtan and John Augustine, who later files an application in Court asking for anticipatory bail. Sister Mary Fernandez also files civil suits seeking compensation for defamation. In the reference of above facts answer the following questions : Whether the complaint filed by the Ali Kehtan and John Augustine against Sister Mary Fernandez leads to Libel defamation or Slander defamation ? Explain.

Answer & Explanation:

In libel, the defamatory statement is a representation made in some permanent and visible form, such as written words, caricatures, cinema films, effigy, statute, recorded words, printing or pictures. In slander, it is made with spoken words or in some other transitory form, whether visible or audible, statement of temporary nature such as gestures, spoken words or inarticulate but significant sounds. In the given situation, the complaint made can lead to be Libel defamation of Sister Mary Fernandez. Alternate Answer 1(c) Eight Exception provided under section 499 of the Indian Penal Code, 1860 provides that 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 respect to the subject-matter of accusation. Illustration to the eight exception provided under section 499 of the Indian Penal Code, 1860, provides that if A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z, a child, to Z's father-A is within this exception. In the given situation, the complaint made may not lead to defamation.

Topics: Law of Torts

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