LEGAL PRINCIPLE : Defamation means publication of a statement injuring the reputation of a person without lawful justification. Such statement must reflect on a person's reputation and tends to lower him in the estimation of right thinking members of the society generally or tends to make them shun or avoid him.
FACTUAL SITUATION : Madam Tussauds Ltd. decided to keep a waxwork exhibition, and placed an effigy of Babloo Prasad with a gun, in a room adjoining the "Chamber of Horrors". Mr.Babloo Prasad had been tried for murder in India and released on a verdict of 'not proven guilty' and a representation of the scene of the alleged murder was displayed in the Chamber of Horrors. Is it amount to defamation?
DECISION:

No Defamation as Babloo was an accused.

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Defamation as his guilt was not proved and he was released by the court

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No defamation as there was not proper publication.

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None of the above.

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Solution

The correct option is C Defamation as his guilt was not proved and he was released by the court
This is a case of defamation because his guilt was not proved in the court, therefore, he was acquitted. Defamation means when a person is innocent and he is defamed in the public which causes harm to his reputation. In the present matter also he was defamed for the case which he has already got discharged from the court on the ground of not proven guilty.

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Similar questions

Q. LEGAL PRINCIPLE: Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.

FACTUAL SITUATION: 'A' writes a highly offensive and derogatory letter about B, and sends it directly to 'B' in a sealed cover.

Decide.

Q. Principle : Defamation is the publication of a statement which tends to lower reputation of a person in the estimation of other members of the society generally.
Facts : 'A' writes a highly offensive and derogatory letter about 'B', and sends it directly to 'B' in a sealed cover.

Q. PRINCIPLE: A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. A slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another.

FACTUAL SITUATION: A wrote a letter to B calling him a cheat. B's clerk C opened the letter, as he normally did (a fact which was known to A and placed it on B's table. B alleges that A has committed libel.

DECIDE.

Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLES:-(1): A person defames another if the States anything which exposes the other to hatred or ridicule or results in him being shunned by others or injures him in this trade, business or profession.
(2): To commit the offence of defamation, there must be communication of defamatory statement to a third parts.

FACTUAL SITUATION: A, a patient of B, is dissatisfied with the treatment. He discontinues the treatment and after sometime after his illness was automatically cured by lapse of time. A was upset because B had made him spend a lot of money on his illness which was cured on its own. He writes a letter accusing B for cheating. He alleges that B magnified the effects of the illness deliberately treated him in a manner so that it persisted and also caused deterioration of the health. The letter is shown by B and he files a suit for damages against A for defamation.

DECIDE.

Consider the following statements about Defamation in India, in light of recent Supreme Court Judgment.
1 Defamation in India is both a civil and a criminal offence.
2. It is an offence under Article 21 which includes the right to reputation.
3. The right to freedom of speech is restricted under defamation law.
Which of the above statement(s) is/are correct?

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