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april 1971

Supreme Court of India · 1971-04-02

SUKRA MAHTO vs BASDEO KUMAR MAHTO &. ANR.

Citation / case number
SC 1968/60415
Court
Supreme Court of India
Petitioner
SUKRA MAHTO
Respondent
BASDEO KUMAR MAHTO &. ANR.
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court held that for a defendant to claim the benefit of the Ninth Exception to Section 499 IPC, they must prove that the defamatory statement was made in good faith and for the protection of their own or another's interest. The Court emphasized that the burden of proof lies on the person alleging good faith to demonstrate that they conducted due inquiry before making the imputation. In this case, the appellant failed to show any evidence of such inquiry or care, leading to the conclusion that the appellant could not claim good faith, and thus the conviction under Section 500 IPC was upheld.

SUKRA MAHTO vs BASDEO KUMAR MAHTO &. ANR. · Niyam