Defamation Suit Can Be Filed Only By Near Relatives

LATEST UPDATE

• The Punjab & Haryana High Court recently quashed a defamation suit under Section 499 of the Indian Penal Code (IPC)
• It stated that a defamation suit can be filed only by family members, relatives and near relatives only, and not by any unrelated person.

WHAT EXACTLY IS THE PROVISION FOR DEFAMATION

• Defamation has been criminalized under Section 499 of the IPC. It criminalizes any words spoken or written, visual signs, publications, etc. which may derogate any person's reputation.
• Section 499 reads, "Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes 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 in the cases hereinafter expected, to defame that person"
• It is punishable with simple imprisonment of up to 2 years, fine, or both.

PRESENT CASE

• In this case (Raj Kumar Saini v. Sant Kanwar), the complainant Sant Kanwar is a follower of the Arya Samajist and freedom fighter, Chaudhary Matu Ram Hooda.
• He filed a defamation suit against Raj Saini, a former Member of Parliament over alleged defamatory marks made by Saini against late Matu Ram Hooda.
• Accordingly, Saini moved the Punjab & Haryana High Court for quashing of the complaint, which noted that a complaint under Section 499 can be made only by the "person aggrieved".
• The High Court accordingly quashed the complaint.

LATEST JUDGMENT

• In this case, the P&H High Court noted that a complaint under Section 499 of IPC can be made only by a "person aggrieved", as under Section 199 of CrPC.
• The Court dismissed Kant's claim that he was ideologically related to the late Arya Samajist.
• The Court held that a suit for defamation can be filed only by the family members, relatives and near relatives only, and not by any unrelated person.

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