justification

In the civil law of defamation, justification (truth) is a complete defence: the law does not award damages for injury to a reputation the plaintiff did not deserve. The defendant must prove that the imputation is true in substance, including any meaning conveyed by innuendo; proving only part of it may not be enough.

Criminal law in India is stricter. Under the First Exception to the defamation offence, truth is a defence only if the imputation was made for the public good. A true but malicious disclosure of private facts may therefore still be criminal defamation. In a wider sense, “justification” also refers to any lawful excuse, such as private defence, that makes an otherwise wrongful act lawful.

Example

The newspaper pleaded justification and produced the court records showing that the plaintiff had in fact been convicted of fraud.

In Indian law

• Section 356, Bharatiya Nyaya Sanhita, 2023, First Exception (old s.499 IPC)

See also

defamation · libel · fair comment · qualified privilege

Read more in the study notes

• Rule of law and droit administratif (Administrative Law)
• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
• Dying declarations (section 26(a)) (Bharatiya Sakshya Adhiniyam)
• Character evidence in civil and criminal cases (sections 46 to 50) (Bharatiya Sakshya Adhiniyam)
• Presumptions, judicial notice and presumption of legitimacy (Bharatiya Sakshya Adhiniyam)
• Social responsibility of business (Business Environment)