Judgement

Appeal, by special leave, from a conviction and-sentence by the Chief Court of Lower Burma (October 19, 1912) on a prosecution for defamation under s. 499 of the Indian Penal Code.

The appellant, who was the editor and one of the pro prietors of a newspaper called the Burma Critic, published at Rangoon, was charged with having defamed Mr. G. P. Andrew, a member of the Indian Civil Service, the Deputy Commissioner and District Magistrate at Mergui, by the publication in that paper on April 28, 1912, of two articles entitled "A Mockery of British Justice."

Mr. Andrew as District Magistrate at Mergui had on August 21, 22, and 28, 1911, held an inquiry in a case in which one Captain McCormick, a resident in the Mergui District, was charged under ss. 868 and 876 of the Indian Penal Code with the offences of the abduction and rape of a Malay girl. Mr. Andrew held that there had been no abduction and that the charge of rape was false, and he directed that the accused should be discharged.

The charges made against Mr. Andrew in the articles in question were shortly to the effect that Mr. Andrew was an intimate friend of Captain McCormick and had conspired with Mr. Finnie, the District Superintendent of Police, to burke the inquiry in order to save their friend; that he conducted the inquiry in camera and improperly allowed bail; that he permitted the employment of a partisan interpreter, who mistranslated the evidence; that, by a trick, he deprived the complainants of a professional advocate; and that the proceedings were a judicial farce, every rule and regulation being twisted in favour of the accused. These charges were accompanied by much abuse and vituperation.

On June 11, 1912, proceedings were commenced against the appellant charging him with the offence of defamation under s. 499 of the Indian Penal Code(Indian Penal Code, s. 499 " Whoever, by words either spok en or intended to be read, or by signs, or-by visible representations, mak es or publishes any imputation concerning any person, intending to harm, or k nowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person."

First Exception, "It is not defamation to impute anything which is true concerning any person, if it be for the public good . . . ."

Second Exception, "It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no farther."

Ninth Exception, "It is not defamation to mak e an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interests of the person mak ing it, or of any other person, or for the public good."

Sect. 52 "Nothing is said to be done or believed in good faith, which is done or believed without due care and attention."

Sect. 500 "Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both."), and he was committed for trial at the sessions of the Chief Court.

The circumstances of the case and of the proceedings appear from their Lordships judgment.

The trial took place before the Chief Judge with a jury and proceeded from October 3 to October 19, 1912. Before the case, was opened the learned judge made some preliminary observations as to the issues in the case as appearing from the magistrates record; he pointed out that a large number of witnesses had been summoned who had given evidence in the case against Captain McCormick, and said that before permitting these witnesses to be examined he should require to be satisfied that they could give evidence upon some matter in issue in the present case. The defence was rested upon exceptions 2 and 9 to s. 499, and more particularly upon the latter exception, but in the course o