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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