Court finds news publication was done in good faith for public good, aligning with Section 499 IPC's First Exception
In a significant judgment, the Gauhati High Court, on July 30, 2026, quashed the defamation proceedings against Hyder Hussain, Chief Editor of Asomiya Pratidin, and another petitioner, who were accused of defaming Dhrubajyoti Rava through a series of news publications. The court ruled that the news items published by the petitioners were covered under the First Exception to Section 499 of the Indian Penal Code (IPC), which exempts from defamation any publication made in good faith for the public good.
The controversy began with the publication of certain news articles in December 2010, which alleged misappropriation of funds in connection with construction work and distribution of funds allocated for stationary materials in the Public Works Department. The respondent, Dhrubajyoti Rava, filed a complaint claiming these publications were false and defamatory, leading to the Judicial Magistrate taking cognizance under Sections 500, 501, and 34 of the IPC.
However, upon review, Justice Shamima Jahan found that the publications did not harm Rava’s reputation and were made in good faith. The court noted that the respondent himself admitted that there was no misappropriation and stated that the news items did not spoil his reputation. This admission, coupled with the legal provisions, led the court to quash the complaint and set aside the earlier cognizance order.
The court emphasized that under Section 482 of the Criminal Procedure Code, it holds the power to prevent abuse of the legal process, and in this case, deemed the continuation of the proceedings unnecessary. The decision underscores the protection available to journalists when reporting in good faith for the public good, highlighting the balance between freedom of the press and individual reputations.
Bottom line:-
Publication of defamatory news items - Protection under Section 499 IPC First Exception - If publication is done in good faith for public good, it does not constitute defamation.
Statutory provision(s): Section 499 IPC, Section 500 IPC, Section 501 IPC, Section 34 IPC, Section 482 CrPC
Hyder Hussain v. Dhrubajyoti Rava, (Gauhati) : Law Finder Doc id # 2960413
