them shun or avoid that person. 'According to section 499
of The Indian Penal Code, a person is said to commit the
offence of defamation when he, by words either spoken or
intended to be read, or by signs or by visible
representations, makes or publishes any imputation
concerning any person intending ,to harm, or knowing or
having reason to believe that such imputation will harm,
the reputation of such person except where the publication
is protected by the ten statutory exceptions provided in this
provision itself.
12. The complaint clearly set out the imputations made
against the complainant by the respondent. The
complainant has relied upon the defamatory video Ex.
CW1/2 and computer printout of the tweet Ex.CW1/3 of
the respondent whereby he re-tweeted the video. These
electronic evidences are supported by the complainant's
certificate under section 65 B of the Indian Evidence Act
Ex.CW1/5. Complainant 'has also filed the transcript of the
video on record.
13. Respondent is not the original author of the alleged
defamatory video. The only allegations against him is that
he re-tweeted the video containing the defamatory
allegations against the complainant, without confirming its
veracity.
14. In this manner, what the respondent has done, is that he
has repeated the defamatory statements on a social media
platform, which amounts to its further publication. It is no
defence to an action of defamation that the respondent
published it by way of repetition. "Talebearers are as bad
as tale-makers". Every repetition of defamatory words is a
new publication and a distinct cause of action.
15. In order to decide whether to summon respondent for
trial, existence of only a prima facie case to summon them
has to be seen in contrast to the standard of proof "beyond
reasonable doubt" required for conviction. In legal terms,
the consideration at this stage is whether there exists
sufficient grounds to summon them or not (section 204 of
The Code of Criminal Procedure). The situation may be
different if the respondent is able to make out a defence for
him from amongst those defences carved out in the
provision itself (section 499 of The Indian Penal Code).
But these defences cannot be looked at this stage according
to the law. The defences have to be pleaded and proved by
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:05.02.2024
16:25:50
CRL.M.C. 6347/2019
Page 14 of 50
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