imputation is made.”
(Emphasis supplied)
40.
Therefore, the essence of „publication‟ of a content which is
defamatory in nature, for the purpose of applicability of Section 499
of IPC, is the „communication‟ of such defamatory content to persons
other than the person who is being defamed.
41.
To reiterate once again, in today‟s world, when the law with
regard to posting of a defamatory content by way of re-tweeting or
reposting is still not settled and is evolving, the Court has to
adjudicate a case on the basis of test of a reasonable common man
and the social background of the parties concerned alongwith the
relevant facts and circumstances of the case which will become the
edifice of finding for the purpose of evolving jurisprudence in the
field of law, not yet effectively treaded or adjudicated upon.
Issuance of Process/Summons vis-a-vis Offence of Defamation:
Material Considerations
42.
The Hon‟ble Apex Court in the case of Iveco Magirus
Brandschutztechnik GMBH v. Nirmal Kishore Bhartiya and Ors
2023 SCC OnLine SC 1258, after considering several judicial
precedents, had made the following observations on the issue of
summoning an accused for an offence of defamation:
“44. Thus, when a Magistrate taking cognisance of an
offence proceeds Under Section 200 based on a prima
facie satisfaction that a criminal offence is made out, he
is required to satisfy himself by looking into the
allegations levelled in the complaint, the statements
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
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