Defamation. Statement made in open court during evidence amounts to ‘publication’ unless it is an in-camera proceeding. Karnataka High Court.

Mauna vs K.G.Mahesh Murthy. Criminal Petition 101295/2017 decided on 26 November 2020. Justice H.B. Prabhakara Sastry

Judgment Link: Microsoft Word – CRL.P. No.101295.2017.doc (kar.nic.in)

Relevant paragraphs: It is …the case of the complainant in the trial Court that the petitioner herein in her cross- examination in the complaint filed by her under D.V.  Act, made a statement that her father through her friends secured liquor for the consumption of the complainant, the present respondent. She admitted that Ex.P.68 is with respect to purchase made in a Military Canteen.

10. Admittedly in the instant case, the present petitioner as accused in the trial Court has made a statement. Though the learned counsel submits that the said statement does not amount to publication, but, without much discussion on that, it can be held that when it is a Court proceeding and there is nothing on record to show that it was an in-camera proceeding where none else except the party making statement, the Presiding Officer and the learned counsels were there, it cannot be said that there was no publication of the said statement.

Compiled by S. Basavaraj and Kriti Taggarse Daksha Legal.