Indian Penal Code, 1860
Section 499—Benefit of Exceptions to Section 499 of IPC—When can be availed—In a given case, if the facts so justify, the benefit of an exception to Section 499 of the IPC has been extended and it is not take to be a rigid principle that the benefit of exception can only be afforded at the stage of trial. [Criminal Procedure Code, 1973, Section 482]
[Para 21]
Sections 500, 502 read with Section 120B—Defamation—Allegation of publication of defamatory article in a magazine—Prayer to quash summoning order as well as complaint rejected by High Court—Appeal—Nothing specific has been attributed to Editor-in-Chief and he cannot be held liable for acts committed by the author of article—Whether what author did was an act which was justified or not would be question of fact to be gone into only at the stage of trial—Insofar as the public servants are concerned, they are not primarily responsible for the article and their responsibility, if at all, is only to the extent that they either reported something touching upon the complaint made by original accused or in their capacity as public servants, reported something to their senior—Actions of public servants are completely protected—Complaint quashed qua Editor-in-Chief and public servants, however, appeal preferred by author is rejected.
[Paras 23 & 24]
Press and Registration of Books Act, 1867
Section 7—Benefit of presumption—Though presumption under Section 7 of the Press and Registration of Books Act available regarding the Editor, even a Chief Editor can be proceeded against if the facts so justify.
[Paras 17 & 22]