Vol. 1, Issue 7, Part J (2015)

Abstract
The word defamation means ‘aspiration’ or ‘denigration’ or ‘publication’. The offence of ‘defamation’ is stated to be made against a ‘person’ or ‘persons’ harming his or their reputation. The intention to cause harm is the most essential ingredient of an offence of defamation attracting penal action under section 499 of Indian Penal Code. There can be no offence of defamation unless the alleged defamatory statement is made public or published. Actual words of insult must be mentioned in the complaint so that the court may ascertain whether the words used amounted to insult or not. Recent spurt in defamation cases are the classic examples of abuse of process of law. The political workers of followers are launching prosecutions against big political leaders or religious stalwarts for their alleged defamatory statement made before the press. Recently, religious leader and Yoga Guru Baba Ramdev has been prosecuted for his alleged defamatory remark stating that “Rajiv Gandhi is honeymooning with dalits”. A shipping professional was booked by Goa Police for posting remarks against BJP leader Narendra Modi. In relation to offences under section 499 to 502, I.P.C occurring in chapter XXI only an ‘aggrieved person’ can file a complaint before a Magistrate. When the alleged imputation has been made against a caste of class or such larger group of persons, then such a “collection or persons” or a member of such unidentified or indeterminate class, cannot pose as an ‘aggrieved person’ within section 199, Cr.P.C. So, such types of frivolous prosecution based on generalized statements are unsustainable in law.