Reporter Not Criminally Liable for Publishing Police Officer's Statement: Jharkhand High Court

A defamation conviction arising from a newspaper report about alleged forged certificates used for college admissions

The complainant, Head Clerk of A.S. College, Deoghar, alleged that a Prabhat Khabar report falsely stated he had been suspended and implicated in an FIR. The trial court convicted respondents under Section 500 IPC and imposed one year's simple imprisonment; the appellate court acquitted them.

Issue and applicable law

The central question was a defamation conviction arising from a newspaper report about alleged forged certificates used for college admissions.

The ruling concerns Section 500 IPC. For offences after commencement of the Bharatiya Nyaya Sanhita, criminal defamation is addressed by Section 356 BNS, while this historical prosecution remained governed by the IPC.

Court's reasoning

The Court held that a reporter who merely published the SDPO's statement could not be fastened with criminal liability on the reported facts. Its principal reason was that the article attributed the allegations to the police officer, the complainant had not prosecuted that officer, and the principal's comments concerned admission procedure and the Head Clerk's duties.

Decision and practical effect

The High Court declined to disturb the Sessions Court's order setting aside the respondents' convictions.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: Appeal arising from the Sessions Judge, Deoghar judgment dated 26 September 2011
• Court: Jharkhand High Court
• Judges: Justice Rongon Mukhopadhyay and Justice Arun Kumar Rai
• Source: https://www.livelaw.in/high-court/jharkhand-high-court/jharkhand-high-court-reporter-held-criminally-liable-publishing-news-sdpo-statement-549413