IMPORTANT POINT
Fair comments made in good faith by an official do not constitute defamation under IPC.

JUDGMENT :

Parthivjyoti Saikia, J.

Heard Mr. S. Sarma, the learned senior counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor representing the State of Assam (Respondent No.2). None appeared for the Respondent No.1.

2. This is an application under Section 482 of the CrPC praying for quashing the proceedings of Complaint Case No.1895C/2012 pending in the court of Judicial Magistrate, First Class, Kamrup, Guwahati.

3. At the time of filing of the complaint case by the Respondent No.1, the present petitioner was serving as the In-Charge Project Director of District Rural Development Agency (DRDA), Bongaigaon.

4. At the relevant time, the Respondent No.1 was working as a Chartered Accountant having his chamber and residence at Ulubari, Guwahati.

5. The case of the Respondent No.1, in a nutshell is like this– the then Commissioner, Panchayat & Rural Development, Assam engaged the Respondent No.1 for conducting statutory audit of Panchayat & Rural Development Programmes for the year 2010-2011 under Zila Parishad/ DRDAs/ Blocks, Anchalik Panchayat and Gaon Panchayat offices in the district of Bongaigaon.

6. On 18.04.2012, the present petitioner being the Project Director (In-Charge), DRDA, wrote a letter to the Commissioner, Panchayat & Rural Development, Guwahati informing him that the performance of the Respondent No.1 was not at all satisfactory.

7. The Respondent No.1 claimed that the said letter was defamatory and was made with an evil purpose to malign his good name.

8. The Respondent No.1 filed a Complaint Case before the Magistrate who took cognizance of the offences under Sections 499/500 and 501 of the Indian Penal Code and issued summons to the present petitioner.

9. Per contra, the petitioner has claimed that on the basis of inputs received from several official sources, she wrote the aforesaid letter on genuine belief and good faith.

10. I have considered the submissions made by the learned counsel of both sides.

11. At this stage, the settled legal position regarding the offence of defamation as contained in the Indian Penal Code requires a discussion.

12. Black’s Law Dictionary has defined the meaning of the word “defamation” as an act of harming the reputation of another by making a false statement to a third party.

13. Reputation is a jus in rem, a right absolute and against the world and a person’s reputation is his/ her property. Thus, no one can defame a person i.e. use his freedom of speech or expression so as to injure another’s reputation. The essence of defamation is its tendency to cause that description of pain which is felt by a person who knows himself to be the object of the unfavorable sentiments of his fellow- mates and those inconveniences to which a person who is the object of such unfavorable sentiments is exposed. In general, there are four requirements for liability for defamation to arise. A false and defamatory statement must be made about another’s reputation or business. What is necessary in a case of defamation is that the statement made is understood by others to be “of or concerning” the complainant. If the individual who is the subject of defamation is deceased, no cause of action lies for defamation. The publication should be made out to a third party. Generally, there is no liability if the defendant did not intend the publication to be viewed by anyone other than the complainant. However, most defamatory material on the internet is accessible to millions worldwide. Therefore, it is unlikely that a defendant would be able to argue that he or she did not intend that others should view the statements. The complainant must establish some extent of fault or negligence on the part of the defendant in publishing the statements. Thus, a complainant who is a public figure will have to show that the statements were made out of malice. The burden of proof is less demanding in case of a private individual. The statements must result in actual or presumed damage. The