Can Filing Complaints Against Government Authorities Be Considered Defamation? Madhya Pradesh High Court Weighs In

On September 12, 2024, the Madhya Pradesh High Court, under the jurisdiction of Justice Subodh Abhyankar, issued a significant ruling concerning defamation claims related to the filing of complaints against government authorities. The Court dismissed a defamation petition filed by a retired Air Marshal, challenging the dismissal of his suit against residents of his housing society who had lodged complaints against him with the Collector.

Justice Abhyankar, sitting in Indore, carefully reviewed the relevant documents, including the complaints submitted by the residents and subsequent communications from the Co-operative Inspector. The Court concluded that filing a complaint with government authorities does not amount to defamation under the Indian Penal Code (IPC).

The petitioner, a former Air Marshal identified as Harish Masand, contended that the complaints lodged by his fellow residents, which were sent to district and cooperative officials, caused him significant distress and damaged his reputation. He argued that these actions constituted defamation and sought redress under Sections 499 and 500 of the IPC.

The Court, however, held that such complaints are protected under the Eighth Exception to Section 499 of the IPC, which shields statements made in good faith to authorized persons from being deemed defamatory. According to the Court, merely lodging a complaint with government authorities does not fulfill the criteria for defamation as defined by law.

In this case, the residents had accused the petitioner of improper conduct, prompting a response from the Co-operative Inspector and leading to the issuance of a show-cause notice to the petitioner. Although the Collector did not take any action initially, the complaints triggered an inquiry, which led to the defamation suit being filed by the petitioner.

Justice Abhyankar's ruling reaffirms that complaints made in good faith to relevant authorities, as protected by the IPC, cannot be construed as defamation. This decision underscores the legal protection afforded to individuals who file complaints against government authorities and reinforces the principle that defamation claims must meet specific legal criteria to be actionable.

Can Filing Complaints Against Government Authorities Be Considered Defamation? Madhya Pradesh High Court Weighs In

The case, titled Air Marshal Harish Masand Versus The State Of Madhya Pradesh And Others (MISC. CRIMINAL CASE No. 10239 of 2024), highlights the boundaries of defamation law in the context of official complaints and public accountability.