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V Mitter Law of Defamation and Malicious Prosecution Civil and Criminal

From LexisNexis
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Author :V Mitter

Publisher :LexisNexis

SKU :ULN01002

Edition :14th 2025

Format :PaperBack

Country Region :India

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Description

V. Mitter’s authoritative treatise on Law of Defamation and Malicious Prosecution is a leading commentary exploring both civil and criminal aspects of these two significant torts and offences in Indian law. Richly annotated with landmark judgments, this book is a crucial resource for lawyers, judges, academicians, and law students.

The volume explains the historical evolution, statutory framework, and judicial interpretation of defamation and malicious prosecution under both civil law (tort) and criminal law (IPC, CrPC). It also discusses the balance between free speech and reputation, fair reporting, media trials, and the increasing role of digital platforms.

Updated with recent case laws and developments up to 2025, this edition also includes comparative perspectives from UK and US law, along with contemporary issues like social media defamation.

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Content

Content :

Part I – Law of Defamation

  1. Nature and Definition of Defamation

  2. Essential Ingredients of Defamation

    • False statement

    • Publication

    • Injury to reputation

  3. Types of Defamation

    • Libel and Slander

  4. Civil Defamation under Tort Law

    • Remedies and damages

    • Injunctions

  5. Criminal Defamation under IPC

    • Sections 499–500 IPC

    • Exceptions under Section 499

  6. Constitutional Validity & Free Speech

    • Article 19(1)(a) and reasonable restrictions

    • Landmark judgment: Subramanian Swamy v. Union of India

  7. Defences to Defamation

    • Truth

    • Fair comment

    • Privileged communication

  8. Role of Media and Social Media

    • Press liability

    • Digital defamation & intermediary liability

  9. Procedure in Civil & Criminal Defamation Cases

Part II – Law of Malicious Prosecution

  1. Introduction and Scope

  2. Essentials of Malicious Prosecution

    • Initiation of prosecution

    • Absence of reasonable and probable cause

    • Malice

    • Termination in favour of the plaintiff

  3. Malicious Prosecution in Civil Law

  4. Remedies and Damages

  5. Defences Available

  6. Judicial Trends and Notable Rulings

  7. Distinction between Malicious Prosecution and Abuse of Process

  8. Procedural Aspects and Pleading Requirements

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V Mitter Law of Defamation and Malicious Prosecution Civil and Criminal

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