Careers360 Logo
ask-icon
share
    CLAT Fourth Merit List 2026 (Postponed) - Download PDF here

    Introduction for CLAT - Practice Questions & MCQ

    Edited By admin | Updated on Sep 25, 2023 25:58 PM | #CLAT

    Quick Facts

    • 12 Questions around this concept.

    Solve by difficulty

    Read the passage and answer the question that follow.
    The word 'defamation' is the generic name for the wrong; libel and slander are particular forms of it. In libel, the defamatory statement is made in some permanent and visible form in writing or otherwise recorded, such as printing, typing, pictures, photographs, caricatures, effigies. In slander, the defamatory statement or representation is expressed by speech or its equivalent. Besides the general defences applicable to all actions in torts, such as limitation, consent, accord and satisfaction, previous judgment, etc., the three special defences available in action for defamation, under the common law, are (1) justification (or truth), or (2) privilege, absolute or qualified, and, (3) fair comment. Truth is a defence in a Civil action, "For the law will not permit a man to recover damages in respect of an injury to a character which he either does not or ought not to possess. In a civil action, the defendant has to plead and prove the truth of the defamatory words, and not merely his belief in their truth, though honest. 'Privilege' is used here in the sense of an excuse or immunity conferred by law on statements or communications made on certain occasions called 'privileged occasions'. A privileged statement, therefore, is one which is made in such circumstances as to be exempt from the rule that a man attacks the reputation of another at his peril, that is, at his own risk. In other words, privilege includes those exceptional cases in which it is not enough, in order to create liability, to prove that the defendant has published a false and defamatory statement. The defendant being privileged, is not responsible for this alone; he is either wholly free from responsibility or is liable only on proof that he was animated by a malicious motive, and not by any genuine intention to use his privilege for the purpose for which the law gave it to him.
    Question
    X and Y took a lift in a Scorpio, which B was driving. In between the journey, a bolt of the wheel got loose and which led to an accident. Since B was the driver, he was able to grab the steering wheel and protect himself from major damages, but X and Y suffered serious injuries. Choose the best answer.

     

     

     

     

     

    A and B are friends and B is about to marry a girl C. A knows that B is bankrupt but C doesn’t know it. A also secretly wants to marry C and goes to her and tells her that B is bankrupt owing to which C refuses to marry B.
     

    Asteroid TV (a famous news channel in India) was broadcasting a reality show in which debate was going on regarding corruption in judiciary. In the same time they showed pictures of some judges with their name below their pictures that these are the judges who are charged with different offences. Mistakenly, one of the pictures flashed was of an innocent judge. However, the name was correctly depicted of the accused judge. After 15 seconds they removed the picture. Later on they sent a personal apology letter to the judge whose picture was wrongly  flashed and the judge accepted the same but demanded an apology in news channel which was refused.  A suit for defamation was instituted. 

    Concepts Covered - 1

    Introduction

    Defamation and Its Forms:

    • Defamation is a civil wrong that involves making false statements about someone that harm their reputation. It can occur in two primary forms:
    • Slander: This refers to spoken defamatory statements. For instance, if someone verbally spreads false rumors about a celebrity engaging in criminal activities without any evidence, it could constitute slander.
    • Libel: This form of defamation involves written or published defamatory statements. For example, publishing a fabricated news article online accusing a politician of corruption with the intention of damaging their reputation can be considered libel.

    Elements of Defamation:

    To establish a defamation case, several elements must be proved:

    • Publication: There must be a communication of the defamatory statement to a third party. In other words, the statement should reach someone other than the person making the statement (defendant) and the person being defamed (plaintiff).
    • Defamatory Statement: The statement must be false and damaging to the reputation of the plaintiff. It should be of a nature that harms the plaintiff's reputation in the eyes of reasonable people.
    • Identification: The statement must identify the plaintiff directly or indirectly. This means that even if the plaintiff's name is not explicitly mentioned, if the statement can be reasonably connected to them, it may still be defamatory.
    • Fault: Depending on the jurisdiction, the plaintiff might need to prove that the defendant acted negligently or with actual malice when making the false statement. Actual malice typically applies when the defendant knew the statement was false or acted with reckless disregard for the truth.

    Defamation Case Law: Vijay Sai v. State of Telangana & Anr. (2017)

    • In this case, the High Court of Hyderabad held that posting defamatory material on social media could be considered libel. 
    • The court emphasized the importance of distinguishing between free speech and making false statements that harm someone's reputation.

    Defenses to Defamation:

    Defendants in defamation cases can assert various defenses to avoid liability:

    • Truth: If the defendant can prove that the statement is true, it is an absolute defense to defamation. In other words, truth is a complete bar to a defamation claim.
    • Fair Comment: This defense allows individuals to express their honest opinions and beliefs about matters of public interest or importance, even if these opinions are critical.
    • Privilege: Certain communications are protected from defamation claims. For example, statements made in court during legal proceedings, or by government officials during official duties, may be protected by privilege.
    • Consent: If the plaintiff gave their consent for the statement to be published or shared, they may not have a valid defamation claim.

    Remedies in Defamation:

    In a successful defamation case, the plaintiff may be entitled to remedies such as:

    • Damages: Monetary compensation for the harm suffered as a result of the defamation.
    • Injunction: A court order to stop further publication or dissemination of the defamatory statements.

    "Stay in the loop. Receive exam news, study resources, and expert advice!"

    Get Answer to all your questions