Lawstreet Journal

Advocate Who Acted Professionally as Per Client's Instruction Cannot Be Made Criminally Liable for Defamation: Madras HC

Lawstreet Journal 5 Oct 2020 5:06pm

Image courtesy: Lawstreet Journal Judiciary Advocate Who Acted Professionally as Per Client's Instruction Cannot Be Made Criminally Liable for Defamation: Madras HC

Recently, Madras High Court in a case for hearing before it held that, an advocate who acted professionally as per the instruction of his or her client cannot be made criminally liable for offence of defamation under Section 500 unless the contrary is alleged and established. A criminal defamation case was filed against the lawyer and the committee of the creditors alleging that the statements made in the application were defamatory.

In this case, the lawyer and other accused approached the High Court seeking to squash the complaint and filed an application on behalf of the committee of the creditors to remove the complainant and seeking appointment of another Resolution Professional under section 27 of the Insolvency and Bankruptcy Code, 2016.

Rahul Tamaskar, Advocate for the petitioner contended that the petitioner was acting strictly in the performance of his professional duty and he enjoyed privilege while acting as such. The High Court was of the view that the petitioner was liable to be given benefit for the ninth exception (imputation made in good faith by a person for the protection of his or others' interests) to section 499 (defamation) IPC. It was also noted that the petitioner drafted the plaint on the basis of information provided by his client, the plaintiff.

The Madras High Court observed, “that an Advocate who acted professionally as per the instruction of his/her clients, cannot be made criminally liable for the offence of defamation under section 500 IPC unless the contrary is alleged and established”.

Referring to a judgment… Continue Reading...


Tagged: Madras High Court  
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