Good faith as a defamation defence must be proved by the accused; disputed falsity and intent are matters for trial.

A defamation complaint based on imputations made to the police was treated as disclosing the ingredients of Section 500 of the Indian Penal Code, and the accused could not secure quashing on a disputed claim of good faith. Good faith for the Eighth or Ninth Exception to Section 499 requires due care and attention under Section 52, and the burden of establishing that exception lies on the accused. At the quashing stage, the material was insufficient to conclusively prove good faith or falsity, so those issues were left for trial.

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Issues: Whether a complaint for defamation based on allegations made to the police could be quashed in exercise of inherent powers; and whether the accused had established good faith so as to bring the case within the exceptions to defamation.

Analysis: The complaint before the police contained imputations concerning the respondent and was alleged to have been made with intent to harm reputation, thereby disclosing the ingredients of defamation under Section 500 of the Indian Penal Code. To invoke the Eighth or Ninth Exception to Section 499, the accused was required to establish good faith, and the definition of good faith under Section 52 of the Indian Penal Code emphasises due care and attention. The burden of proving the exception lay on the accused. At the stage of quashing, the material relied upon by the accused was insufficient for a conclusive finding that the complaint had been made in good faith, and the question whether the complaint was false had to be examined in trial.

Conclusion: The request to quash the defamation complaint was rejected, and the prosecution was permitted to proceed.

Final Conclusion: The judgment affirms that a defamation complaint disclosing prima facie imputations cannot be quashed merely on a disputed claim of good faith, and that the plea of exception must ordinarily be established at trial.

Ratio Decidendi: Good faith as an exception to defamation must be proved by the accused, and at the stage of quashing a criminal complaint the Court will not conclusively determine disputed questions of good faith or falsity unless the material unmistakably establishes the defence.

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