Good faith defence under defamation law applies on preponderance of probability, not strict proof, for Ninth Exception protection.

Good faith under the Ninth Exception to Section 499 of the Indian Penal Code requires due care and attention, and the accused need only establish the defence on a preponderance of probability, after which the prosecution must still prove guilt beyond reasonable doubt. The High Court was found to have applied the wrong standard by treating the accused as if he had to justify the allegation with the same strictness as the prosecution and by focusing on truth, which is relevant to the First Exception rather than the Ninth. On the evidence, the appellant had material supporting his belief and the publication was made in response to a Government challenge, so the protection of the Ninth Exception was available.

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Issues: Whether the appellant established good faith so as to attract the Ninth Exception to Section 499 of the Indian Penal Code, and whether the courts below applied the correct standard of proof while evaluating that defence.

Analysis: The Ninth Exception is attracted only when the imputation is made in good faith for the protection of the interest of the maker or of another person, or for the public good. Good faith under Section 52 of the Indian Penal Code requires due care and attention, and the accused is not required to prove the plea beyond reasonable doubt. The proper test is whether the defence is established on a preponderance of probability, after which the prosecution must still prove guilt beyond reasonable doubt. The High Court erred in treating the accused as if he had to justify the allegation with the same strictness as the prosecution, and it also confused the requirements of the First Exception with those of the Ninth Exception by repeatedly stressing truth of the allegation, which was not the relevant enquiry under the Ninth Exception. On the evidence, the appellant had material to support his belief and the circumstances showed that his publication was made in response to the Government's challenge and not without basis.

Conclusion: The appellant succeeded in proving good faith and was entitled to the protection of the Ninth Exception to Section 499 of the Indian Penal Code.

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