Facts of the Case
- An IAS Officer allegedly used defamatory language against a woman in public.
- The woman filed a criminal complaint against the officer for defamation.
- The incident involves a public servant, and the defamation was personal, not official.
Issues in the Case
- Can a criminal case for defamation be maintained against an IAS Officer?
- Does the IAS officer enjoy any protection or immunity under law for such acts?
- Which court is competent to try such a case and what is the procedure for prosecution?
Principles Associated With It
- Defamation is punishable under Section 499 and 500 IPC (criminal defamation).
- The complaint must be filed under Section 200 CrPC before a Magistrate.
- Since the alleged defamatory statement was not in discharge of official duty, no prior sanction is required under Section 197 CrPC for prosecution.
- The case is triable by a Magistrate of First Class.
- If proven, punishment under Section 500 IPC is simple imprisonment up to 2 years, or fine, or both.
Judgement
- The woman can legally file a criminal complaint before a Judicial Magistrate First Class under Section 200 CrPC.
- As the act is not covered under official duty, Section 197 CrPC does not apply, and no sanction is required from the government.
- The Magistrate may take cognizance, record statements, and proceed with the trial.
- If found guilty, the IAS officer may be punished under Section 500 IPC with imprisonment, fine, or both.