SHAHED KAMAL AND OTHERS
Vs.
M/S A. SURTI DEVELOPERS PVT. LTD. AND ANOTHER
( Before : K. V. Viswanathan and N. Kotiswar Singh, JJ. )
Criminal Appeal No. 2033 of 2025 (@ Special Leave Petition (Criminal) No. 9942 of 2024)
Decided on : 17-04-2025
Penal Code, 1860 — Section 499, Exception 9 & Section 500 — Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is 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 — Good faith requires due care and attention but, unlike Exception 1, does not mandate proving the absolute truth of the imputation — In a business relationship like that between homebuyers and a developer, airing specific, fact-based grievances via a banner, using mild and temperate language without malice, to protect their collective interests, falls squarely within this exception. (Relied on: Chaman Lal v. State of Punjab, (1970) 1 SCC 590; Harbhajan Singh vs. State of Punjab, 1965 SCC OnLine SC 118; Kuruppanna Goundan vs. Kuppuswami Mudaliar, 1935 MWN 365; Queen-Empress vs. E.M. Slater, (1891) ILR 15 Bom 351; Valmiki Faleiro v. Mrs. Lauriana Fernandes, 2005 SCC OnLine Bom 1584)
