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A month after issuing summons to Ram, a Mumbai court on Monday issued Bailable warrant against the Ram after she failed to appear before court in a defamation case filed by Shyam.
A metropolitan magistrate’s court had summoned Ram based on the complaint of Shyam in which he had alleged that Ram had made defamatory statements on national and international television, “in what appears to be a clear campaign to malign and tarnish the reputation of the complainant (Shyam) in the eyes of the general public”. Shyam had recorded his statement in January.
He had said that he was shocked to learn that Ram in an interview to a TV channel falsely attributed statements to him while also giving his opinion, “without appearing to have any direct personal knowledge of the circumstances”.
On February 1, the Andheri court, after hearing arguments made on Shaym’s behalf by his lawyer, issued process against Ram for the offences under sections 499 and 500 of the Indian Penal Code pertaining to defamation. The court had considered Shaym’s statement made on oath before it and other material including the TV interview and the police report while deciding to summon Ram.
Shyam was also present in the court on the day. As per law, if a person statement that lowers the reputation of another person in the eyes of the right thinking people, then it’s defamation. The person whose reputation is effects can sue the culprit and recover the damages.
Imagine ram who is business partner of the shyam. Ram knows that shyam has illegally laundered his money to his foreign bank account. Shyam was upset with the ram and to avenge this he filed defamation case against the ram. Is Ram guilty of the offence of the defamation?
Ram has defamed shyam and is liable to pay
Ram has defamed shyam because he knew that shyam has laundered money.
Ram has not defamed the shyam.
Ram has not defamed shyam because he has not communicated to anyone that shyam has laundered the money.
To commit the offence of defamation, there must be communication of defamatory statement to any third party. Moreover a person defames another if he states anything which exposes the other to hatred, ridicule or results in him being shunned by others or injures him in his trade, business or profession.
By: Parvesh Mehta ProfileResourcesReport error
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