Complaint Against Defamation of Deceased Person Can Be Filed Either by 'Family Members' or 'Near Relatives': Punjab & Haryana High Court [READ ORDER]

The Punjab and Haryana High Court while allowing the petition under Section 482 Criminal Procedure Code, 1973, quashed the Complaint under Sections 499, 500 and 501 Indian Penal Code, 1860 and all the arising proceedings. 

The Punjab and Haryana High Court has made it clear that the person aggrieved by a defamatory statement must have an element of personal interest. He should either be the person defamed or family member or near relative in case of a deceased person.

The bench noted that Section 320 Cr. P. C., 1973 permits compounding of the offence of defamation but it is only the person who is defamed who can agree to the same.

Justice Kumar took reference of Division Bench judgment of the Patna High Court in  'Bhagwan Shree Rajneesh V/s. The State of Bihar and another' [1986 SCC Online Patna 174, wherein it was held that generally, the person aggrieved was only the person defamed. An exception had been made in case of a deceased person, but the persons aggrieved in such a case were limited to his family members and near relatives, whose feelings would be hurt by the defamatory statement and none else.

The Complainant Contended before the learned Magistrate that he fell within the definition of a 'person aggrieved' as his family was closely 'related'. Wherein the bench observed that this claim seems to have been based more on ideological considerations rather than any actual 'relationship. 

Referring to the law on the issue, Justice Sanjay Kumar asserted that a sub-section of Section 199 of the Cr.P.C.,1973, dealing with prosecution for defamation, made it clear that no court should take cognizance of an offence punishable under provisions of the Indian Penal Code except upon a complaint made by a person aggrieved by the offence. This provision, therefore, mandates that the complaint be made by a person aggrieved, Justice Kumar asserted.

Justice Kumar observed that the Division Bench, in its order, relied upon Supreme Court Judgment 'G. Narasimhan and others V/s. T.V. Chokkappa' [AIR 1972 SC 2609], wherein it was held that an exception was created to the general rule that a complaint could be filed by anybody, whether he is aggrieved or not, as Section 198 of the old Code of 1898 (presently, Section 199 Cr.P.C,1973) modified that general rule by permitting only an 'aggrieved person' to move the Magistrate in cases pertaining to defamation. The Supreme Court observed that compliance with this Section was mandatory and if a Magistrate took cognizance of the offence of defamation on a complaint made by one who was not an 'aggrieved person', the trial and conviction in such a case would be void and illegal

In his detailed order, Justice Kumar stated that Section 320 of the Cr.P.C.,1973 permitted the compounding of the offence of defamation, but only the person defamed could agree to the same. Pointing at explanation 1 to Section 499 of the IPC on the issue, Justice Kumar added that the section made it clear that only the family members or near relatives of the deceased person, against whom imputations had been made, could claim to be persons aggrieved.

Justice Kumar noted in the order that the complaint was deficient and tainted in its very inception and was, therefore, not maintainable.

[READ ORDER]