Lawstreet Journal

A letter to the Husband’s Senior at work, citing facts of Criminal Case against him, in Good Faith, does not Amount to Defamation

Lawstreet Journal 29 Mar 2022 6:29am

Image courtesy: Lawstreet Journal Judiciary A letter to the Husband’s Senior at work, citing facts of Criminal Case against him, in Good Faith, does not Amount to Defamation

The Calcutta High Court recently in a case had observed that writing a letter to the husband's superior at work, in good faith, intimating him about a criminal case lodged against the husband for inflicting torture, would not amount to criminal defamation under Section 499 of the Indian Penal Code, 1860. 

The wife (petitioner) in the present case had written a letter dated 24th May, 1997 to the Manager, Indian Overseas Bank intimating him that her husband who was the Assistant Manager of Overseas Bank had been torturing her and she been thrown out by him from her matrimonial house. 

She mentioned that a criminal case under Section 498A CrPC, 1973, (cruelty) had been initiated against her husband following which he had been arrested and subsequently released on bail. 

The petitioner in her letter had also attached a certified copy of the order and had requested the Manager to take necessary actions as he deemed, considering the relevant set of facts which she had mentioned through her letter. 

"There remains little to be said that the letter in question was a statement of fact instead of any imputation to harm the reputation of the opposite party", the Court observed.

Justice Ananda Kumar Mukherjee noted that there was absolutely nothing in the petitioner’s letter that was instigative in nature. She had simply suggested that actions be taken in accordance with what is considered to be the best possible recourse in the said situation. 

It was simply the narration of facts… Continue Reading...

Tagged: calcutta high court  
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