Latest Supreme court Judgment on Defamation
that in matters of criminal defamation the heavy burden is on
the Magistracy to scrutinise the complaint from all aspects.
The Magistrate has also to keep in view the language
employed in Section 202 CrPC which stipulates about the
resident of the accused at a place beyond the area in which
the Magistrate exercises his jurisdiction. He must be
satisfied that ingredients of Section 499 CrPC are satisfied.
Application of mind in the case of complaint is imperative.
198. We will be failing in our duty if we do not take note
of submission of Mr. Bhambhani, learned senior counsel. It is
submitted by the learned senior counsel that Exception to
Section 499 are required to be considered at the time of
summoning of the accused but as the same is not conceived
in the provision, it is unconstitutional. It is settled position of
law that those who plead Exception must prove it. It has
been laid down in M.A. Rumugam (supra) that for the
purpose of bringing any case within the purview of the Eighth
and the Ninth Exceptions appended to Section 499 IPC, it
would be necessary for the person who pleads the Exception
to prove it. He has to prove good faith for the purpose of
protection of the interests of the person making it or any
other person or for the public good. The said proposition
would definitely apply to any Exception who wants to have the
benefit of the same. Therefore, the argument that if the said
Exception should be taken into consideration at the time of
the issuing summons it would be contrary to established
criminal jurisprudence and, therefore, the stand that it
cannot be taken into consideration makes the provision
unreasonable, is absolutely an unsustainable one and in a
way, a mercurial one. And we unhesitatingly repel the same.
In view of the aforesaid analysis, we uphold the
constitutional validity of Sections 499 and 500 of the Indian
Penal Code and Section 199 of the Code of Criminal
Procedure.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 184 OF 2014
SUBRAMANIAN SWAMY …PETITIONER(S)
VERSUS
UNION OF INDIA,
MINISTRY OF LAW & ORS. …RESPONDENT(S)
WITH
WRIT PETITION (CRIMINAL) NO. 8 OF 2015
Dated;May 13, 2016
Dipak Misra, J.
https://www.lawweb.in/2016/05/latest-supreme-court-judgment-on.html
