Commentary on Law of Defamation, Damages, Malicious Prosecution by B. N. Mehrotra provides a comprehensive exposition of the law relating to defamation, damages, and malicious prosecution in India. The book elaborates on the fundamental principles governing the protection of reputation vis-a-vis the right to freedom of speech. It discusses both the civil and criminal aspects of defamation – the former governed by tort law and the latter codified under Sections 499-502 of the Indian Penal Code, 1860. The author also analyses judicial interpretations, evolving doctrines, and the growing relevance of cyber defamation in the era of digital communication.
Key Features:
- Detailed analysis of the concept, scope, and ingredients of defamation under Indian law.
- Comparative study of civil and criminal remedies available for defamation.
- In-depth discussion on defences such as truth, privilege, and fair comment.
- Examination of the tort of malicious prosecution and related principles.
- Extensive coverage of cyber defamation and liability arising from online communication.
- Incorporation of latest judicial precedents and statutory developments.
- Includes a comprehensive subject index for quick reference and research assistance.
This book is an essential reference for law students, legal practitioners, academicians, journalists, and anyone interested in understanding the principles and practice of defamation and related torts in Indian law.
| Part | Contents |
|---|---|
| Part I | Topical Introduction; Defamation – Generally; Defamation – The Global Perspectives; Mass Media and Global Defamation Laws; Reynolds Privilege and Common Law Defamation; Publication; Malice; Justification; Absolute Privilege; Qualified Privilege; Fair Comment; Cyber Defamation; Procedure and Prosecution; Damages; Application for Judicial Review – Damages. |
| Part II | Principles Governing Malicious Prosecution; Proof; Want of Reasonable and Probable Cause; Malice; Damages in Malicious Prosecution; Vicarious Liability. |
| Part III | Introduction; Concept and Genesis of Contempt of Court; Contempt of Court Generally. |
| Part IV | Freedom of Expression and Contempt – Due Process to Protect Liberty; Media Principles if Prejudicial; Madrid Principles and Pre-Trial Publications; Prejudicial Publications After Arrest; Arrest for Serious Offences – Effect of 24 Hour Rule. |
| Part V | Freedom of Speech in Parliament; Parliamentary Privileges – Position in India. |
| Appendices | 24 Appendices including Lord Campbell’s Libel Act 1843, Defamation Act 1952, Fox’s Libel Act 1792, Parliamentary Papers Act 1840, Indian Penal Code 1860, Criminal Procedure Code 1973, Contempt of Courts Act 1971, Limitation Act 1963, Model Forms and Index. |
