Penal Code, 1860 – ss.499 Exception 9, 500 r/w 34 – Defamation – When not – Principle of qualified privilege – Scope of Exception
9 to s.499 – Constitution of India – Articles 19(1)(a), (b) and (c) – Appellants-home buyers, not satisfied with the services provided by the respondent-developer, protested against the developer by erecting a banner visible to public at large – Complaint filed by the respondent u/s.500 r/w s.34 – Summons issued against the appellants – Appellants’ case, if falls within the exception 9 to s.499:
Held: Yes – Under the 9th Exception to s.499 if the imputation is made in good faith for the protection of the person making it or for another person or for the public good it is not defamation – In a business relationship like that of a builder and home-buyer, certain allowances in the use of phraseology in communication should be provided as long as the deployment of the phraseology in question is based on good faith – The language employed could be a clear pointer to decide whether the accused in the case has exceeded his privilege – One of the tests to decide whether the case falls within the 9th exception is the choice of words employed in the impugned publication – In the instant case, all that the banner depicts is what the appellants thought were their grievances against the respondent with whom they had a business relationship – Careful choice of the words, the conscious avoidance of intemperate, rude, offensive or abusive language and the peaceful manner of protest, all point to the fact that to protect their legitimate interests and the interest of the other homeowners and without any malice and in good faith the erection of the banner was done – Appellants did not transgress into the offending zone – Their case falls within the sweep, scope and ambit of exception 9 to s.499 – Their peaceful protest is protected by Article 19(1)(a), (b) and (c) of the Constitution of India – Impugned judgment of High Court, set aside – Complaint alongwith order issuing summons quashed and set aside. [Paras 17, 22, 24, 30, 35]
Constitution of India – Articles 19(1)(a), (b) and (c); 19(2) – Dissent and Disagreement within permissible limits – Right to protest peacefully – Peaceful pamphleteering – Discussed. [Paras 27-29, 31-34]
Penal Code, 1860 – 9th Exception to s.499 vis-a-vis 1st Exception – Discussed. [Paras 19, 20]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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