The court interpreted and applied Exceptions 8 and 9 to Section 499, I.P.C., and held that the petitioner had satisfied the requirements of both exceptions, thereby establishing a valid defense to the charge of defamation.

This revision by the Secretary of All India Postal Employees Union, Class III, Kurnool Division is directed against the judgement of the Sessions Judge Kurnool in Criminal Appeal No. 13 of 1966 confirming the conviction of the petitioner for the offence of defamation.

2. The brief and material facts that led to this revision are as follows :- The petitioner in his capacity, as the Secretary of All India Postal Employees Union, Class III, Kurnool Division submitted a memorandum to the Director General of Pests and Telegraphs against the Superintendent of Post Offices, Kurnool for his alleged acts of omissions and commissions. Under the head "Favouritism", it was mentioned about the appointment of the complainant in the following terms :

"The post of Wireless Inspector, Kurnool has been given temporarily to an official who has Court attachment to his salary, who is heavily indebted, who is declared unfit to work in cash counters and who is used to intemperate habits ...."

On the complaint preferred by the 1st respondent herein, the petitioner was charged for the offence of defamation. The prosecution examined P.Ws. 2 to 4, postal employees in addition to the complainant P.W. 1 and filed Exs. P.1 to P.3. The petitioner admitted the submission of the memorandum and the allegations made by him in his capacity as the Secretary of the Union but pleaded that he had no malice against P.W. 1, that the allegations were true and that in any event the case would fall within the Exception 8 or 9 to Section 499, I.P.C. The accused examined D.Ws. 1 to 5 and filed the documents Exs. D.1 to D-8 in support of his pleas. The trial Court found that the salary of the complainant was attached and that he was indebted, but held that the accused failed to prove the other 3 allegations and convicted the accused under Section 500, I.P.C. and sentenced him to pay a fine of Rs. 300/-. On appeal, the Sessions Judge Kurnool confirmed the conviction but reduced the sentence of tine from Rs. 300/- to Rs. 100/-. Hence this revision.

3. Mr. Bhujangarao, the learned counsel for the accused urged that the Exceptions 8 and 9 to Section 499, I.P.C. are satisfied in the instant case and the petitioner is entitled for an acquittal. Mr. Padmanabha Reddy, the learned counsel for the complainant contended contra.

4. The point that arises for determination in this revision is whether the provisions of Exceptions 8 and 9 to Section 499, I.P.C. are satisfied.

5. For a proper appreciation of the question that arises for determination, it is useful and necessary to consider Section 499, I.P.C. and Exceptions 8 and 9 to it, which read thus :

''Section 499, I.P.C. : Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputations concerning any person intending to harm, or knowing 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.

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Eighth Exception : It is not defamation to refer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of accusation.

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

6. Whoever by words makes or publishes any imputation concerning any person intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said to defame, that person. If the person accused of defamation establishes that the imputations are true and they were made for the public good, he is not liable for defamation under Exception 1. Any accusation made in good faith by any one against any person to persons, having lawful authority over that person with regard to