A S RADHAKRISHNA AYYAR Vs. EMPEROR

JUDGEMENT

(1.) The petitioner in this case was convicted of the offence of criminal defamation Under Section 500, I. P. C., and his conviction was confirmed on appeal. The datamation was embodied in a document which was published by him during an election to a Taluk Board, at which election one Ramanatha Ayyar (the respondent) was a candidate. In revision it is contended on his behalf that he should have been prosecuted for art offence Under Section 171-G, I. P. C., which could not be done without the sanction of the Local Government. Several decisions have been cited before us on this point, but we propose to deal with the petition on another ground. Section 171-G, I. P. C., has been framed on the lines of Section 1 of an analogous English Act, the Act to amend the Corrupt and Illegal Practices Prevention Act of 1883, which was passed in 1895. Section 1 of that Act defines as an illegal practice the making or publishing of any false statement of fact in relation to the personal character or conduct of a candidate. Section 171-G, I. P. C., runs as follows: Whenever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false, and which he either knows or believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate shall be punished with fine

(2.) It is not apparent why the legislature should have thought fit to use the words "any statement purporting to be a statement of fact," but what was intended doubtless was "any statement which is made as a statement of fact" and that comes to much the same thing as is conveyed by the English statute. One thing at any rate is clear, that something must be stated as a fact and not as a general imputation or as a matter of opinion. The document in question is in the following terms: This is to inform all that the Village Munsif, Krishnaswami Ayyar, and his son Ramanatha Ayyar in Zamin Pallavaram, have no properties. They will not shrink from committing even murder. Both are in enjoyment of some properties by virtue of an adoption which is false and opposed to law. Those properties belong to Government. Krishnaswami Ayyar of them has been making many kinds of forgeries. They are doing many kinds of harm to the poor. Ramanadha Ayyar of them is an atheist. They are eating (misappropriating) Government money unjustly by committing forgeries, misrepresentations and false personation. They are unjustly eating the common money and the temple money in Zamin Pallavaram. They are doing acts which even mean-minded men will not (stoop to) do. They are doing many other improper acts. It is under-stood that the said Ramanadha Ayyar stands as a candidate for membership of the Taluk Board. I respectfully request that vote should not be given to him for the abovementioned reasons.

(3.) It begins by asserting that the candidate and his father have no properties. As that statement, which is a statement of fact is followed by another statement that they are in enjoyment of some properties it requires no consideration. The next imputation is that they will not shrink from committing even murder that can hardly be described as a statement of fact. The next statement is that they are in enjoyment of some properties by virtue of an adoption which is false and opposed to law; that might possibly be described as a mixed statement of fact and opinion. The next statement is that they are doing many kinds of harm to the poor; that again is not a statement of fact. The next statement is that the candidate is an atheist; that again may possibly be described as a statement of fact. The next four sentences embody general charges of forgery, misrepresentation, false personation, misappropriation, acts "which even mean-minded men will not stoop to do"; not a single specific act of forgery or misrepresentation or misappropriation is charged and the allegations can most certainly not be described as statements of facts.