Indian Penal Code, 1860, Section 499, 500, 501 -- Pre-marital sex - Article published in news magazine that pre-marital sex and live in relationship are on the increase and called for social acceptance of the same - It was further stated that society should not think that the girl at the time of marriage is virgin and the man marrying a girl should not expect the girl to..........
Indian Penal Code, 1860, Section 499, 500, 501 -- Defamation - Complaint can be filed by a person other than the aggrieved person when aggrieved person has passed away or is otherwise unable to initiate legal proceedings...........
Indian Penal Code, 1860, Section 499 -- Defamation - Publication - Once a statement is filed in a Court of law such statement can be taken as published - Publication includes pleadings, affidavits etc. which are filed in Courts...........
Indian Penal Code, 1860, Section 499 -- Exception 9 - Defamation - Actual loss of reputation need not be proved - Accused has to show that imputation was made in good faith...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Defamatory pleadings in a civil suit - Imputations contained in pleadings and evidence in civil suit is covered by Exception 9 of S.499 IPC, even assuming that the imputations are prima facie defamatory in nature...........
Indian Penal Code, 1860, Section 499 -- Defamation - Mens Rea i.e. guilty mind - It is a mandatory prerequisite of an offence of defamation...........
Indian Penal Code, 1860, Section 499 -- Petitioner being a company - Cannot be tried for an offence of defamation or for any offence where mens rea is essential - Company is a juristic entity or an artificial person - Director is not a company...........
Indian Penal Code, 1860, Section 499 -- Defamation - Communication made by the bank to the complainant to clear the outstanding balance amount in his credit account which he never had with the Bank - Communication not defamatory in nature as Mens Rea is missing - Future telephonic communication with complainant's wife by the Bank was made to save complainant from future..........
Indian Penal Code, 1860, Section 499 -- Defamation - Exceptions 8th & 9th - Burden of proof - It is settled law that he who pleads exceptions must prove it - The burden of proof that action of appellant was bonafide would be on appellant...........
Indian Penal Code, 1860, Section 499 -- Eighth Exception - Defamation - Govt. counsel for conducting arbitration cases - Expression in a letter to superior against engineer with regard to his conduct which was against the interest of the Govt. - Conduct of petitioner is protected by Eight Exception to S.499 IPC...........
