LexKANWAL LAL versus STATE OF PUNJAB
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1 S.C.R. SUPREME COURT REPORTS KANWAL LAL v. STATE OF PUNJAB (S.J. IMAM, N. RAJAGOPALA AYYANGAR and j. R. MunHOLKAR, jj.) 479 Dtfamation-Accwing a person to be a prostitute-Statt- ment mo.de in complaint to Panchayat Officer-Whether protect- ed--Panchayat Officer, if !tad authority to take cognizance of offence-Whether statement made in the interest of the maker-- Punjab Gram Panchayat Act, 1952 (4 of 1953), ss. 38 and 42- bidian Penal Code, 1860 (Act XLV of 1860), s. 500 excep- tions 8, 9. The appellant a public servant, addressed a communi- cation to the Panchayat Officer alleging that the complainant was a prostitute and that she should be removed from the house in which she was living. He was pro:::ecuted and convicted of the offence of defamation under s. 500 Penal Code. The appel- lant contended that he was protected hy exceptions 8 and 9 to •. 500. Hdd, that exceptions 8 and 9 to s. 500 were not appli- cable to the case and that the appellant was rightly convicted. Exreption 8 was applicable only in cases where the defamatory statement ,.,,as contained in a complaint to a person who had lawful authority over the person ccncerned in respect of the sub- ject matter of the accusation. Prostitution was not an offence of which cognizance could be taken under the Punjab Gram Panchayat t>ct, 1952. Besides s. +2 barred the Gram Pancha- yats from taking cognizance of any offence in which either the complainant or the accused was a public servant. Exception 9 applied to cases where the imputation was made in good faith for the protection of the interest of the per- son making it, or of any other person, or for the public good. Even assuming good faith, exception 9 wa' not applicable merely on account of the imputation having been made in the interest of the appellant. It was further necessary that the person to whon1 the communication was made must have an interest in protecting the person making it. Besides the bmafidu of the person making the imputation, the person to whom the imputation is conveyed must have a common interest with the person making it which is served by the communication. Se~kmm, 21. 1962 Kanwal Lal \'. Statl of Pw,jab A:1yan1tr, J. 480 SUPREME COURT REPORTS [1963) SUPP. Harrison v. Bush, (1855) 5 E. & B. 344 : 119 E.R. 509, referred to. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 106 of 1961. Appeal by special leave from the judgment and order dated May 11, 1961, of the Punjab High Court in Cr. R. No. 580of1961. Nciunit Lal, for the appellant. Gopal 8inyh and P. D. JJfenon, for the respon- dent. 1962. September 28. The Judgment of the Court was delivered by AYYANGAR, ].-This is an appeal by special leave against the judgment of the High Court of Punjab by which a Criminal Revision filed against an appellate order of the Additional Sessions Judge, Ludhiana confirming the appellant's conviction and sentence wa< dismissed in l-imine. The facts giving rise tci the appeal lie in a very narrow compass. The appellant wa:: prosecuted on a complaint filed by Mst. Ram Rakhi of the offence of defamation under s. 500, I.P.C. The appellant and Mst. Ram Rakhi were neighbours. The de- famatorv matter was contained in a communication addressed by the appellant who is a member of the police force to the District Panchayat Officer, Ludhiana. In this "application" the appellant alleged that the complainant was a woman of loose character who was having illicit connection with goondas, her paramours coming to her frequently at nights and that her immc,ral activities reflected badlv on the locality in which the appellant lived. There is no doubt that this was grossly defamatory of the complainant. The defence of the appellant subs- tantially was that in substance the allegations were true and that he was entitled to make this application I S.C.R'. SUPREME COURT REPORTS 481 to the Panchayat in order to seek the assistance of that body for getting the complainant out of the locality and for this purpose he relied upon the last paragraphs of the application which ran : "Petty problems like this can be easily solved by the village Panchayat imtead of referring the case to the Court. It is therefore requested that the Panchayat of village Sangha! (P. 0. Sangha!) District Ludhiana may kindly be asked to take suitable action to end this prosti- tution add after getting the house in which Shadi (father of the complainant) i
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