Defamation Suit:- Power to Serve Questionnaire And Possible Defenses

Standard

Law of Defamation prescribes several exceptions.

Even if some statements may be defamatory, that will not amount to defamation ipso facto in certain circumstances.

POWER TO SERVE QUESTIONNAIRE / INTERROGATORIES

If Suit for Defamation is filed, the parties have rights to serve Questionnaire on other side and court can ask other side to reply on affidavit/oath.

Party can also ask other side to produce a list of documents for inspection or copies thereof.

If otherside refuses to answer, the case goes against that party.

POSSIBLE DEFENSES

1) The Statement was made in public good.

2) It was fair criticism done after due inquiry, proper care and in bonafide.

3) Statement was made to warn public.

4) etc. Etc. List is long. Sec.500 of IPC lists such exceptions.

The mere a statement is defamatory is by itself no defamation.

Haresh Raichura
22/10/2012

(Please take lawyer’s advice. This article is not legal advice)

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