BALRAJ KHANNA & ORS. versus MOTI RAM

BALRAJ KHANNA & ORS. versus MOTI RAM

A complaint alleging defamation need not reproduce verbatim each word used or specify which accused spoke which words if the complainant alleges all accused made the statements in question and reproduces the substance in a substantial measure. At the stage of preliminary inquiry under ss.202 and 203 CrPC, the court assesses whether a prima facie case exists, not whether there is evidence to convict. Consideration of Exceptions to s.499 IPC is premature at this stage and must await trial.

Parties
Appellant: Balraj Khanna & Ors.; Respondent: Moti Ram
Jurisdiction
India
Judgment Date
22 April 1971
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated August 26, 1970 of the Delhi High Court in Criminal Revision No. 138 of 1968
Outcome
Appeal dismissed.
Legal Topics
Defamation, Preliminary Inquiry, Indian Penal Code S.499 and S.500, Code of Criminal Procedure Ss.202 and 203, Exceptions to Defamation
Criminal Law Defamation Preliminary Inquiry Indian Penal Code S.499 and S.500 Code of Criminal Procedure Ss.202 and 203 Exceptions to Defamation

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Parties

Balraj Khanna & Ors.

Appellant

Moti Ram

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated August 26, 1970 of the Delhi High Court in Criminal Revision No. 138 of 1968

Legal Issues

  1. 1 Whether the complaint under s.500 IPC is defective for not specifying the actual words alleged to be defamatory and which accused used them.
  2. 2 Whether it is necessary for a complainant to reproduce verbatim the actual words of imputation in a defamation complaint.
  3. 3 Scope of magistrate's inquiry under ss.202 and 203 CrPC—whether assessment of sufficiency of evidence for conviction is required at preliminary stage.

Ratio Decidendi

A complaint alleging defamation need not reproduce verbatim each word used or specify which accused spoke which words if the complainant alleges all accused made the statements in question and reproduces the substance in a substantial measure. At the stage of preliminary inquiry under ss.202 and 203 CrPC, the court assesses whether a prima facie case exists, not whether there is evidence to convict. Consideration of Exceptions to s.499 IPC is premature at this stage and must await trial.

Court Disposition

Appeal dismissed.

Orders

  • Order of the Magistrate dismissing complaint under Section 203 CrPC set aside.
  • Further inquiry into the complaint directed as per High Court's order.