Allegations In Complaint Made In Good Faith To Lawful Authority Cannot Attract Offence Of Defamation : Supreme Court

The Supreme Court quashed a defamation case against a man accused of making defamatory allegations in his complaint before Sub Divisional Magistrate.It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation, the bench of Justices J B Pardiwala and Manoj Misra. The Supreme Court quashed a defamation case against a man accused of making defamatory allegations in his complaint before Sub Divisional Magistrate. In this case, Kishore Balkrishna Nand had lodged a complaint in writing addressed to the Sub Divisional Magistrate stating that a person had put up a shop by encroaching upon some land. Case details Kishore Balkrishna Nand vs State of Maharashtra | 2023 LiveLaw 602 | 2023 INSC 675 Headnotes Indian Penal Code, 1860 ; Exception 8 to Section 499 - It is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation - In this case, the accused lodged a complaint in writing addressed to the Sub Divisional Magistrate stating that a person had put up a shop by encroaching upon some land - Defamation complaint quashed.