Shahed Kamal vs A. Surti Developers Pvt. Ltd. 2025 INSC 502 - S. 499 IPC - Defamation - Ninth Exception
Consumer rights - A right to protest peacefully without falling foul of the law is a corresponding right, which the consumers ought to possess just as the seller enjoys his right to commercial speech. Any attempt to portray them as criminal offences, when the necessary ingredients are not made out, would be a clear abuse of process and should be nipped in the bud. (Para 34)
Indian Penal Code 1860 - Section 499 - 9th Exception - If the imputation is made in good faith for the protection of the person making it or for another person or for the public good it is not defamation. It has also been held that the interest of the person has to be real and legitimate when communication is made in protection of the interest of the person making it - Referred to Chaman Lal v. State of Punjab, (1970) 1 SCC 590 (Para 17) One of the tests to decide whether the case falls within the 9th exception is the choice of words employed in the impugned publication.(Para 22) In a given case, the language employed could be a clear pointer to decide whether the accused in the case has exceeded his privilege. (Para 24)
