https://www.taxtmi.com/caselaws?id=459466 The SC dismissed an appeal challenging a defamation summons under Section 500 IPC. The Court held that magistrates must consider exceptions to Section 499 IPC during trial when defendants plead such defenses, not at the summoning stage. The burden of proving bona fide conduct lies on the defendant claiming exception benefits. While HC can quash proceedings under Section 482 CrPC if no offense is made out from the complaint itself, courts cannot expand inquiry beyond materials before the magistrate. The Court clarified that process issuance cannot be refused merely because the accused has a potential defense, as appropriate forums must decide such matters at trial stage. en-us Thu, 05 Oct 2023 00:00:00 +0530 Sat, 14 Dec 2024 14:21:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459466 The SC dismissed an appeal challenging a defamation summons under Section 500 IPC. The Court held that magistrates must consider exceptions to Section 499 IPC during trial when defendants plead such defenses, not at the summoning stage. The burden of proving bona fide conduct lies on the defendant claiming exception benefits. While HC can quash proceedings under Section 482 CrPC if no offense is made out from the complaint itself, courts cannot expand inquiry beyond materials before the magistrate. The Court clarified that process issuance cannot be refused merely because the accused has a potential defense, as appropriate forums must decide such matters at trial stage. Case-Laws Indian Laws Thu, 05 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459466