Jaideep Bose vs Bid And Hammer Auctioneers Private Limited 2025 INSC 241 - Freedom Of Speech & Expression - Defamation - S 200 CrPC

Constitution of India - Article 19(1)(a) - The right to freedom of speech and expression guaranteed under Article 19(1)(a) is paramount. At the same time, Those working in the media, particularly, individuals in key positions, authors, etc., must exercise utmost caution and responsibility before publishing any statements, news, or opinions. The power of the media in shaping public opinion is significant and the press possesses the ability to influence public sentiments and alter perceptions, with remarkable speed. Given its vast reach, a single article or report can resonate with millions, shaping their beliefs and judgments, and it has the capability to cause severe damage to the reputation of those concerned, with consequences that may be far-reaching and enduring. This highlights the critical need for accuracy and fairness in media reporting, especially when dealing with matters having the potential to impact the integrity of individuals or institutions. Keeping these aspects in mind, publication of the news articles must be done in public interest and with good faith- Quotes Bulwer Lytton:“The Pen is mightier than the sword”.

Code of Criminal Procedure 1973 - Section 200 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 210 - Upon receiving a private complaint under section 200 Cr.P.C., the Magistrate must mandatorily conduct an inquiry or investigation before proceeding to issue process against the accused, if such accused resides outside the jurisdiction of the Court. In other words, the Magistrate must examine witnesses before issuing summons in cases where the accused resides outside the Magistrate’s jurisdiction. (para 13.3)

Indian Penal Code 1860 - Section 499 : Bharatiya Nyaya Sanhita 2023 - Section 356 - Defamation under section 499 IPC necessitates both an intention to harm or knowledge that the imputation is likely to cause harm, and that the imputation must be capable of lowering the reputation of the person in the estimation of others. In other words, the essence of defamation lies not merely in the making of an imputation but in its effect on the perception of the public, thereby impacting the standing of the person in society. (Para 13.2)

Press and Registration of Books Act, 1867- The Act imposes a higher degree of responsibility and liability on an editor- Since an “editor” has been defined as the person who controls the selection of the matter that is published in a newspaper, the presumption goes to the extent of holding that he was the person, who controlled the selection of the matter that was published in the newspaper. However, merely because the Act does not mention persons holding other roles in a publication of the company, such as an Editorial Director, or mandate the publication of their names, the same does not imply that such persons cannot be made liable for any defamatory content. The key distinction is that unlike an editor, against whom a statutory presumption is imposed, there is no such presumption against the editorial director at the outset (Para 19.1)- Every newspaper must clearly mention the names of its owner and editor, ensuring transparency in publication. Furthermore, a statutory presumption is cast upon the editor, who is responsible for the selection of content that is subsequently published, making him accountable for the same unless proven otherwise. (Para 13.1)