JUDGMENT

INDEX TO THE JUDGMENT

PRELUDE

BACKGROUND FACTS

The Allegations

History of Judicial Proceedings

ARGUMENTS ON BEHALF OF PETITIONER

ARGUMENTS ON BEHALF OF RESPONDENT NO. 2

THE ORDERS IMPUGNED BEFORE THIS COURT

ANALYSIS & FINDINGS

I. ARGUMENT THAT THE COMPLAINT WAS WITHDRAWN EARLIER

II. THE OFFENCE OF DEFAMATION

Meaning and Definition

Provisions of Law

Essential Ingredients to Constitute Offence of Defamation

Issuance of Process/Summons vis-a-vis Offence of Defamation: Material Considerations

III. BALANCING CRITICAL YET COMPETING INTERESTS: FREEDOM OF SPEECH & EXPRESSION Vs PROTECTING A PERSON FROM REPUTATIONAL INJURY

IV. MEETING THE CHALLENGE OF ADJUDICATING GREY AREA OF LAW NOT YET EFFECTIVELY ADJUDICATED UPON: LAYING FOUNDATION STONE OF JURISPRUDENCE

Pace of Spread of Scandalous Content: From the Echo of Whispers in Pre-Digital Era compared to the Spread at Lightning Speed of Digital Dissemination in Digital Era

V. 'RETWEETING' A DEFAMATORY IMPUTATION WILL AMOUNT TO 'PUBLICATION' FOR THE PURPOSE OF APPLICABILITY OF SECTION 499 OF IPC

VI. REACH & INFLUENCE OF THE PERSON RETWEETING DEFAMATORY CONTENT

VII. WILL EVERY 'RETWEET' ATTRACT ACTION UNDER SECTION 499 OF IPC?

VIII. WHETHER PETITI