Plaint in a defamation suit

Table of contents

1. What is considered defamation under Indian law? 2. India's Defamation Law 3. Characteristics Required to Qualify as Defamation 4. Defamation and its Nature 5. Defamation exceptions

What is considered defamation under Indian law?

It is a broad phrase that encompasses aspersions, remarks, and publications that are obnoxious in character and harm the reputation, prestige, social image, or profession of a person, entity group, or organisation.

Defamation is characterised as 'libel' or 'slander' in two ways. The former pertains to written defamation, whereas the latter refers to oral defamation. They are indistinguishable in the Indian context of Jurisprudence, although being drawn from English Common Law.

The Code of Criminal Procedure (CrPC), which governs the procedural parts of the law, classifies such offences as non-cognizable and bailable.

India's Defamation Law

• Article 19 of the Indian Constitution on Fundamental Rights grants many liberties to citizens, subject to reasonable limitations.
• Contempt of court, defamation, and encouragement to crime are all prohibited under the right to freedom.
• Justifiably, freedom of expression does not have to and should not obviate the right to a life of dignity and repute, which is also a basic right for the affected party.

Characteristics Required to Qualify as Defamation.

• The contested statement must be defamatory in character.
• The petitioner must be mentioned in the allegation or statement.
• It should be a public declaration that is relayed to at least one person other than the individual who is harmed.

Defamation and its Nature:

• Defamation is a civil and criminal crime.
• Defamation is penalised under civil law under the Law of Torts, which imposes punishment in the form of damages granted to the injured person.
• Defamation is a bailable, non-cognizable offence that can be compounded under criminal law.

Defamation exceptions

Certain exceptions to the charge of defamation are provided under Section 499 of the Indian Penal Code.

1. Imputation of truth for the sake of the public welfare.
   

   Any genuine statement published for the public welfare shall not be considered defamatory. The defendant bears the burden of proving that the statement is totally truthful and for the public interest.

2. Reasonable observations about public workers' public behaviour.
   

   If a remark or review is published in good faith about a public servant performing his public responsibilities or his character, and the scope of the statement simply refers to the conduct, character, or functions performed in that position, it does not constitute defamation. Such remarks should be offered in good faith, without malice or ill will, and should be fair and honest.

3. A fair assessment of any individual's behaviour in relation to any public issue.
   

   Any ideas or comments expressed in good faith on a person's behaviour touching on any public issues while respecting his character may not be considered defamation.

4. Publication of judicial proceedings reports.
   

   Any statement published that comprises the findings of a court case or a report of a Court's proceedings is not considered defamatory unless and until it is true.

5. Opinions on the merits of cases heard in court or the behaviour of witnesses.
   

   If any information or opinion is published on the merits of a case or the behaviour of any parties or witnesses, it is not considered defamation. The assertions should be made in good faith and with regard for the individual's character.

6. Literary criticism.
   

   If a person communicates his thoughts in good faith regarding an author's performance or character, which the author has expressly submitted to the assessment of the public at large, it does not amount to defamation, the criterion being that the author has specifically submitted his performance to the public.

7. A authorised authority's censure on another.
   

   If anyone delivers censure or expresses strong disapproval of another person's conduct, it is not defamation unless and until the person giving the censure has lawful authority to do so or authority arising from a valid contract over the other person to whom the censure is applied.

8. File a formal complaint with the appropriate authorities.
   

   If someone accuses another person of anything in good faith and has legitimate jurisdiction over the other person, it is not defamation.

9. Imputation for the sake of protecting one's interests.
   

   If a person makes imputations or charges against another person in good faith to preserve his own interests or the public good, it is not deemed defamation.

10. Caution for the greater benefit.
    

    Any comment made in good faith against a person as a warning to him or for the general benefit shall not be considered defamation.

1. The Plaintiff is an interior decorator by profession, and was married on 1st June 2018 to XYZ who is a doctor by profession. The said marriage was performed according to Hindu traditional rites. Hereto annexed and marked Exhibit 'A' is a copy of the Marriage Certificate, evidencing the marriage between the Plaintiff and the said XYZ.
2. On 10th April, 2019, a child (named ST) was born to the Plaintiff and her husband in lawful wedlock. Annexed hereto and marked Exhibit 'B' is a copy of the Birth certificate of the said ST.
3. In June, 2019, the said XYZ deserted the Plaintiff and in May, 2019, on a Petition filed by the Plaintiff, XYZ was ordered by this Hon'ble Court to pay to the Plaintiff a monthly sum of ₹10,000 as maintenance for the said child named ST.
4. The Defendant is the sole proprietor, editor, and publisher of a daily newspaper called “The Mumbai News”. The said newspaper has a large and extensive circulation in the whole of India, and in particular in the States of Maharashtra and Gujarat.
5. The Defendant, on page 2 of the issue of the said newspaper dated 10th February, 2020, published an article entitled “The True Story behind XYZ”, which is reproduced in toto in Exhibit 'C' hereto.
6. The Plaintiff submits that the contents of the said article concerning the plaintiff were falsely and maliciously printed and published by the Defendant. By innuendo, the words of the article meant, and were understood to mean, that the Plaintiff was a dishonest woman, who was falsely representing herself to the wife of XYZ, and was only passing off as the lawfully wedded wife of the said XYZ. By clear implication, the said article thus suggests that XYZ was not the Plaintiff's husband, and that the Plaintiff had merely co-habited with XYZ and had a child by him, without being married to him.
7. The Plaintiff states that the Defendant published the said article with full knowledge that such an imputation would harm her reputation and lower her in the esteem of all her friends and associates. By reason of the said publication, the Plaintiff has been injured greatly in her character and reputation, and has been brought into public scandal, hatred, ridicule and contempt.
8. The Plaintiff says and submits that due to the said publication, the Plaintiff has suffered loss and damages, and is entitled to recover from the Defendant a sum of ₹5,00,000 (as per statement annexed hereto and marked Exhibit 'D')
9. The Plaintiff values the relief claimed in the suit for the purpose of jurisdiction and Court-fees at ₹5,00,000 and undertakes to pay a higher amount calculated on the amount awarded to the Plaintiff as damages or as this Hon'ble Court may deem fit.
10. The said newspaper was printed and published in Mumbai and the Plaintiff was defamed in Mumbai. The Defendant resides and carries on business in Mumbai. This Hon'ble Court therefore has jurisdiction to entertain, try and dispose of the present suit.
11. The cause of action in the present suit arose on 10th August, 2014. The suit is thus not barred by the law of limitation.
12. The Plaintiff will rely on documents; a list whereof is annexed hereto.
    The Plaintiff therefore prays:
    1. That the Defendant be ordered and decreed to pay the Plaintiff the sum of ₹5,00,000 (as per Exhibit 'D' hereto) or such other sum as this Hon'ble Court may deem fit, with interest thereon at the rate of 6% per annum till the date of payment;
    2. That the Defendant be ordered and decreed to pay to the Plaintiff the costs of the present suit; and
    3. For such further and other relief and this Hon'ble court deem fit and proper in the circumstances of the case.

Plaint drawn by:

I, AXZ, the Plaintiff abovenamed, residing at Mohan Building, Gurugram, Mumbai, do hereby solemnly declare and say that what is stated in paragraphs 1 to 9 is true to may own knowledge and what is stated in the remaining paragraphs 10 to 12 is stated on information and belief and I believe the same to be true.

Advocate for the Plaintiff.