Lawstreet Journal

Complaint Against Defamation of Deceased Person Can Be Filed Either by 'Family Members' or 'Near Relatives': Punjab & Haryana High Court [READ ORDER]

Lawstreet Journal 8 Dec 2020 9:08pm

Image courtesy: Lawstreet Journal Judiciary Complaint Against Defamation of Deceased Person Can Be Filed Either by 'Family Members' or 'Near Relatives': Punjab & Haryana High Court [READ ORDER]

The Punjab and Haryana High Court while allowing the petition under Section 482 Criminal Procedure Code, 1973, quashed the Complaint under Sections 499, 500 and 501 Indian Penal Code, 1860 and all the arising proceedings. 

The Punjab and Haryana High Court has made it clear that the person aggrieved by a defamatory statement must have an element of ‘personal interest’. He should either be the person defamed or family member or near relative in case of a deceased person.

The bench noted that Section 320 Cr. P. C., 1973 permits compounding of the offence of defamation but it is only the person who is defamed who can agree to the same.

Justice Kumar took reference of Division Bench judgment of the Patna High Court in  'Bhagwan Shree Rajneesh V/s. The State of Bihar and another' [1986 SCC Online Patna 174, wherein it was held that generally, the person aggrieved was only the person defamed. An exception had been made in case of a deceased person, but the persons aggrieved in such a case were limited to his family members and near relatives, whose feelings would be hurt by the defamatory statement and none else.

The Complainant Contended before the learned Magistrate that he fell within the definition of a 'person aggrieved' as his family was closely 'related'. Wherein the bench observed that this claim seems to have been based more on ‘ideological considerations’ rather than any actual 'relationship’. 

Referring to the law on the issue, Justice Sanjay Kumar asserted that a sub-section of Section 199 of the… Continue Reading...


Tagged: Punjab and Haryana High Court  
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