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Legal Principle Defamation Means Publication of a Statement Injuring the Reputation of a Person Without Lawful Justification. Such a Statement Must Reflect on a Person'S Reputation and Tends to Lower -

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Question

LEGAL PRINCIPLE Defamation means publication of a statement injuring the reputation of a person without lawful justification. Such a statement must reflect on a person's reputation and tends to lower him in the estimation of right-thinking members of 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 Bab loo 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'. Does it amount to defamation?

Options

  • No defamation as Babloo was an accused.

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

  • No defamation as there was no proper publication

  • None of the above

MCQ

Solution

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

Explanation:

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.

shaalaa.com
Criminal Law
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