absolute privilege

On some occasions the public interest in free speech is so high that the law gives total immunity from a defamation action. The statement may be false and made with malice; the defence still succeeds. The main occasions are statements in Parliament or a State Legislature and in their official reports, statements by judges, advocates, parties and witnesses in the course of judicial proceedings, and communications between high officers of State in the course of duty.

Compare qualified privilege, which protects statements made in performance of a duty or to protect an interest, but is lost if malice is proved. In criminal defamation under the BNS there is no general absolute privilege; the accused must bring the statement within one of the statutory exceptions.

Example

The MLA could not be sued for calling the contractor a cheat during the Assembly debate, because speeches in the House carry absolute privilege under Article 194(2).

In Indian law

• Article 105(2), Constitution of India (freedom of speech in Parliament)
• Article 194(2), Constitution of India (freedom of speech in State Legislatures)

See also

qualified privilege · defamation · libel · slander

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• The Mediation Act, 2023: scheme, enforcement and status (Alternative Dispute Resolution Systems)
• Banker and customer: who they are and the legal character of the relationship (Banking Law)
• Holder and holder in due course, parties to instruments, their liability and payment in due course (Banking Law)
• Processes to compel appearance and production of things (Bharatiya Nagarik Suraksha Sanhita)
• Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)