News Report About A Person’s Arrest Does Not Constitute Criminal Defamation: Kerala HC
It is a matter of immense significance with far reaching implications that in a major development we see that while quashing a criminal defamation case that had been filed against the Chief Editor of Malayala Manorama, one of its editors and a reporter who were booked over a news report in the Malayalam news daily, the Kerala High Court in a most learned, laudable, landmark, logical and latest judgment titled Mammen Mathew & Ors vs State of Kerala & Anr in Crl.MC No. 3558 of 2024 Crime NO.24/2020 of North Paravur Excise Range Office, Ernakulam against the order/judgment dated in CC No.281 of 2023 of Judicial Magistrate of First Class -II, Aluva and cited in Neutral Citation No.: 2026:KER:59865 that was pronounced just recently on August 5, 2026 has minced absolutely just no words to hold indubitably that a news report about a person’s arrest does not constitute the offence of criminal defamation merely on the ground that it caused embarrassment to the person arrested.
It must be noted that the Single Judge Bench comprising Hon’ble Mr Justice CS Dias made the key observation while quashing a criminal defamation case against the Chief Editor of Malayala Manorama, one of its editors and a reporter who was booked over a news report in the Malayalam news daily.
Key Observation Of Kerala High Court
It was underscored by the High Court that the distinction between a report of an official proceeding such as an arrest and an independent defamatory assertion is crucial to decide a claim of defamation.
It has to be borne in mind that the Kerala High Court pointed out that when faithful reportage of court proceedings is protected from defamation claims under the Indian Penal Code, there is no ground to justify adding a defamatory intent to a substantially accurate report on the registration of a crime or arrest of an accused!
Facts And Background Of The Case
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice CS Dias of Kerala High Court sets the ball in motion by first and foremost putting forth in para 1 that, “The petitioners are accused Nos. 2 to 4 in S.T. No. 1121 of 2023 on the file of the Court of the Judicial Magistrate of First Class-II, Aluva. The prosecution arises from the Annexure A1 complaint filed by the second respondent alleging commission of offences punishable under Sections 500, 501 and 502 read with Section 34 of the Indian Penal Code (‘IPC’).”
Petitioners and the News Report
As it turned out, the Bench enunciates in para 2 that "the petitioners have invoked the inherent jurisdiction of this Court to quash the complaint, contending that, even if the allegations are accepted in their entirety, the ingredients of the offences are not attracted." The first petitioner is the chief editor, the second petitioner is the editor, and the third petitioner is the reporter of the Malayalam daily, Malayala Manorama.
Pursuant to the Annexure A3 occurrence report registered by the North Paravur Excise Range against the second respondent and his arrest for allegedly committing the offences under Sections 67B and 55(i) of the Kerala Abkari Act, the petitioners published the Annexure A2 news report concerning the second respondent’s implication and arrest.
According to the petitioners, the publication was a report of an official action and does not contain any defamatory imputation.”
Complainant’s Case and Allegations
To put things in perspective, the Bench envisages in para 3 stating that, “The second respondent’s case in the complaint, in substance, is that, on 17.08.2020 at about 2.05 p.m., the second respondent was arrested by the Paravur Civil Excise Officer, in connection with the above mentioned crime, on the allegation that he was found in possession of 2.5 litres of Indian Made Foreign Liquor (‘IMFL’) concealed beneath the seat of his scooter.
On the following day, the petitioners’ newspaper published a news item, prepared by the third petitioner, reporting the arrest of the second respondent along with his photograph.
In the news item it is reported that the second respondent was apprehended with three litres of IMFL intended for sale to youth and guest workers and that he was selling IMFL on orders received over the telephone.
According to him, the official records disclosed only the seizure of 2.5 litres; hence, the news was false, which was published to defame the name and reputation of the second respondent owing to the previous animosity of the third petitioner towards him.”
Mens Rea and Criminal Defamation
As we see, the Bench observes in para 8 that "the materials on record establish that the crime was registered by the Paravur Civil Excise Officer against the second respondent on 17.08.2020, alleging that the second respondent was found in unlawful possession of IMFL and thereby committed the aforementioned offences." The news item was published on the following day.”
The Essence Of The Defamation Offence
It would be instructive to note that the Bench hastens to add in para 14, noting that "the essence of the offence, therefore, remains the existence of mens rea. An adverse publication, or one which causes embarrassment to the person concerned, does not by itself constitute criminal defamation. The prosecution must disclose that the accused made or published a defamatory statement with the intention of harming the reputation or with the knowledge or reason to believe that such harm would result. The same culpable mental element is relevant to the offences under Sections 501 and 502 IPC.”
It is also worth noting that while citing relevant case law, the Bench notes in para 16 that, “In Jeffrey J. Diermeier and Another v. State of W.B. and Another [(2010) 6 SCC 243], the Hon’ble Supreme Court held that the essence of defamation lies in publication of an imputation with the intention, knowledge or reason to believe that it would harm the reputation of the person concerned. Proof of actual injury to reputation is unnecessary where the requisite intention or knowledge is otherwise established.”
Mens Rea Reaffirmed By The Courts
Most rationally, the Bench expounds in para 17, holding most aptly that "This Court has reiterated the indispensability of mens rea in South Indian Bank Ltd., Thrissur and Others v. Paul Vareed Cheruvathoor and Another [2013 (4) KHC 742], holding that criminal liability cannot be fastened merely on the factum of publication unless the complaint discloses the requisite culpable intention or knowledge.”
Section 482 CrPC and Quashing of Criminal Proceedings
While citing the relevant case laws, the Bench points out in para 18 that "the parameters governing exercise of the inherent jurisdiction under Section 482 of the Code of Criminal Procedure are well settled." In State of Haryana and others v. Bhajan Lal and others [(1992) Supp (1) SCC 335], the Hon’ble Supreme Court held that criminal proceedings may be quashed where, even if the allegations in the complaint are accepted in their entirety, they do not disclose the commission of an offence. The principle has been consistently reaffirmed in Central Bureau of Investigation v. Aryan Singh and others [(2023) 18 SCC 399], Daxaben v. State of Gujarat and others [(2022) 16 SCC 117] and Monica Kumar (Dr.) and Another v. State of Uttar Pradesh and others [(2008) 8 SCC 781].”
Complaint and the Official Occurrence Report
Quite significantly, the Bench points out in para 19 that "a careful reading of the complaint reveals that the grievance of the second respondent is regarding the publication of the news item with his photograph." It is undisputed that the second respondent was arrested in connection with the crime and remanded to judicial custody. The publication was founded upon the occurrence report.
Even assuming that some particulars in the news item differed from those contained in the official record, the complaint does not allege circumstances sufficient to establish that the petitioners have deliberately fabricated the report with the requisite intention or knowledge to defame the second respondent.
Whether the second respondent was subsequently acquitted is of little relevance for deciding the present petition. The crucial question is whether the complaint contains the necessary averments to show that the petitioners published the news item to defame the second respondent.
A reading of the complaint as a whole does not disclose the necessary ingredient. Instead, the publication is founded on an official occurrence report and does not establish the intention to attract the offence of defamation.”
Official Reporting and Independent Defamatory Assertion
Most significantly, the Bench then encapsulates in para 20 what constitutes the cornerstone of this notable judgement, postulating precisely that "the distinction between a report of an official proceeding and an independent defamatory assertion is crucial." A journalist does not become criminally liable for defamation because the publication of an official action has caused reputational harm to a litigant. What the aforesaid Sections penalise is not truthful reporting as such, but a culpable defamatory imputation of the kind contemplated by the provision.”
Equally significant and most forthrightly, the Bench then propounds in para 21, holding aptly that, “In the present case, the petitioners reported the second respondent's arrest arising from a crime officially registered by the Excise authority. The publication may have caused embarrassment to the second respondent, but such embarrassment cannot give rise to a prosecution for committing the offences under Sections 499, 501 or 502 IPC.”
Key Legal Principle Emerging From The Judgement
| Legal Issue | Principle Emerging From The Judgement |
|---|---|
| Mens Rea | Criminal defamation requires the requisite intention, knowledge or reason to believe that the publication would harm reputation. |
| Adverse Publication | A publication that causes embarrassment does not, by itself, constitute criminal defamation. |
| Official Proceedings | Reporting an official action does not automatically make a journalist criminally liable for defamation. |
| Section 482 CrPC | Criminal proceedings may be quashed when the complaint, even if accepted in its entirety, does not disclose the essential ingredients of an offence. |
| Acquittal | Subsequent acquittal is of little relevance where the central issue is whether the publication was made with the requisite mens rea. |
Final Conclusion And Quashing Of The Complaint
Finally and resultantly, the Bench then aptly concludes by directing and holding in para 22 that, “For the foregoing reasons, I am satisfied that Annexure A1 complaint, even if its allegations are accepted in their entirety, does not disclose the essential ingredients of the aforementioned offences.
The complaint neither attributes an independent defamatory imputation to the petitioners nor contains the necessary averments to establish the requisite mens rea. The publication was made based on the occurrence report, which led to the arrest of the second respondent.
Viewed in the above perspective, I am of the view that the complaint warrants to be quashed in exercise of the inherent powers of this Court under Section 482 of the Code of Criminal Procedure.
As a result, this Criminal Miscellaneous Case is allowed. Annexure A1 complaint in C.C. No. 281 of 2023 on the file of the Judicial Magistrate of First Class-II, Aluva, and all further proceedings pursuant to it, insofar as they relate to the petitioners, are hereby quashed.”
Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A - 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.
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