Court Says Individuals Cannot Be Prosecuted Merely for Raising Grievances Before Statutory Bodies; Protection Available Under Eighth Exception to Section 499 RPC
Jammu, November 01 :
The High Court of Jammu & Kashmir and Ladakh has held that accusations made in good faith before a statutory authority legally competent to examine the matter do not amount to criminal defamation, as such complaints are protected under the Eighth Exception to Section 499 of the Ranbir Penal Code (RPC).
While examining the legal principles governing criminal defamation, Justice Wasim Sadiq Nargal observed that individuals must have the freedom to approach competent statutory authorities and bring alleged wrongdoing to their notice without automatically facing criminal prosecution for raising such grievances.
The Court observed that merely because an accusation contains adverse allegations or is considered objectionable by the person against whom it is directed, the same cannot, by itself, constitute an offence of criminal defamation.
It emphasised that the nature of the authority approached, the purpose behind making the complaint and the surrounding circumstances are important factors in determining whether an accusation qualifies for protection under the statutory exception.
The Court further clarified that a person cannot defeat the protection available under the Eighth Exception merely by claiming that the allegations have damaged his reputation. There must be a legally sustainable basis to establish that the accusation falls outside the protection of the exception, including material suggesting absence of good faith.
However, the High Court made it clear that approaching a public or statutory authority does not automatically grant immunity from criminal liability. Every accusation must be assessed on its own merits, keeping in view its nature, purpose and the circumstances in which it was made.
The Court also underlined that the constitutional protection of an individual’s reputation must be balanced with the statutory safeguard available to persons who approach competent authorities with bona fide complaints.
Reiterating the settled principles governing the exercise of inherent jurisdiction, the Court observed that criminal proceedings can be quashed where the allegations, even if taken at face value, do not disclose the commission of an offence or where the proceedings are manifestly mala fide and instituted with an ulterior motive.
The High Court further observed that criminal law cannot be allowed to become a tool for intimidating or penalising individuals merely for approaching competent statutory authorities with genuine grievances, particularly when the law itself recognises protection for accusations made in good faith.
Advocate Anil Sethi appeared on behalf of the petitioner, while Senior Advocate Ajay Sharma, assisted by Advocate Naveed Naik, represented the respondent.
The observations reaffirm the legal principle that bona fide complaints submitted before authorities having jurisdiction over the subject matter enjoy statutory protection, subject to the facts and circumstances of each case.(KNC)