https://www.taxtmi.com/caselaws?id=283671 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. en-us Tue, 02 Mar 1965 00:00:00 +0530 Sat, 12 Nov 2022 11:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283671 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. Case-Laws Indian Laws Tue, 02 Mar 1965 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283671