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Pinky   03 January 2024

whether in criminal defamation case sanction is required for prosecuting public servants or not?

Thane incharge has published false and defamatory news articles through media against women. In this case Criminal defamation is filed and Thane incharge is also made as a Respondent party.

197 crpc application is moved one year back ,and denial is not yet done.

The stage is halted at the verification stage, magistrate is not proceeding the defamation case and wanting an approval for prosecution public servant.

Any judgement to submit that it is not official duty of public servant to defame any one
and there for sanction not required .

or

whether in criminal defamation sanction is required or not to prosecute any public servant .


Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     03 January 2024

For relevant judgement you can rely upon your lawyer or search for one through internet.

Since an application seeking permission to sue the official is pending you may wait for the orders 

1 Like

Pinky   03 January 2024

Party in person.

T. Kalaiselvan, Advocate (Advocate)     03 January 2024

The Supreme Court observed that a minister or public servant (a person covered by Section 199(2)) can file a private complaint alleging defamation and need not follow the special procedure prescribed by Section 199(2) & (4) CrPC."The special procedure is in addition to and not in derogation of the right that a public servant always has as an individual

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1791 OF 2022 (Arising out of Special Leave Petition (Crl) No.351 of 2021) MANOJ KUMAR TIWARI                                       … APPELLANT(S) VERSUS MANISH SISODIA & ORS.                                   …RESPONDENT(

 

Though the above SLP was allowed by supreme court, it was because the contents were not defamatory however it did not mention that the public servants cannot be summoned for the remarks made in their personal capacity. 

1 Like

Sudhir Kumar, Advocate (Advocate)     05 January 2024

the problem projeced herw seems different.

 

he probably want to file dfamation case agains public servant.

1 Like

Pinky   05 January 2024

Sudhir Kumar Advocate. kindly read I have already mentioned

"The stage is halted at the verification stage, magistrate is not proceeding the defamation case and wanting an approval for prosecution public servant"

Sudhir Kumar, Advocate (Advocate)     07 January 2024

if a public servant has done any crime in pursuance of his duty then saction of the auhroity cimpetent to dismiss himis needed under section 197 of Cr PC

1 Like

Pinky   07 January 2024

197 crpc application is moved one year back ,and denial is not yet done.

whether talking to the media directly without informing or higher authority order comes under discharging official duty ?

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