Calcutta High Court Rules Writing a Letter to Husband’s Boss About Criminal Complaint Does Not Constitute Defamation
The Calcutta High Court recently ruled that writing a letter to a husband’s superior at work, in good faith, to inform them about a criminal case lodged against the husband for torture, does not amount to criminal defamation under Section 499 of the IPC.
In this case, the wife wrote a letter on May 24, 1997, to the Manager of Indian Overseas Bank, informing him that her husband, who was the Assistant Manager, had tortured her and driven her out of their home. She also mentioned that a criminal case under Section 498A CrPC (cruelty) was initiated against him, resulting in his arrest and subsequent release on bail. The letter included a certified copy of the court order and requested the Manager to take appropriate action.
Justice Ananda Kumar Mukherjee noted that the wife’s letter was consistent with the facts of the case regarding alleged torture. The court acknowledged that the matrimonial discord had forced the wife to leave her husband’s home with their minor daughter.
The court further remarked, “This incident itself would heap insult and indignation upon a married lady having a child. Under such oppressive conditions, it is only obvious that the petitioner would take recourse to writing such a letter to the official heads of the opposite party. The petitioner wife cannot be faulted for taking recourse to the law of the land for the protection of herself and her daughter. She should have her right to ventilate her grievance as her human dignity was at peril.”
The court also highlighted that any representation made in good faith to protect one’s own interest does not amount to defamation, as protected by the Ninth Exception under Section 499 IPC.
It was also noted that the letter was addressed to the husband’s superiors on May 24, 1997, whereas the criminal defamation complaint was filed by the husband on June 8, 2009, twelve years after the cause of action arose.
Additionally, the court held that the complaint filed under Section 200 CrPC by the husband alleging criminal defamation was barred by the law of limitation under Section 468 CrPC. According to Section 469(1)(a) CrPC, the limitation period for taking cognizance of an offense under Section 500 IPC is three years from the date of initiation.
Thus, the court set aside the defamation complaint lodged by the husband, observing that it was barred by limitation and that continuing such proceedings would lead to an abuse of the court’s process.
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