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 :
Nature and Definition of Defamation
Essential Ingredients of Defamation
False statement
Publication
Injury to reputation
Types of Defamation
Libel and Slander
Civil Defamation under Tort Law
Remedies and damages
Injunctions
Criminal Defamation under IPC
Sections 499–500 IPC
Exceptions under Section 499
Constitutional Validity & Free Speech
Article 19(1)(a) and reasonable restrictions
Landmark judgment: Subramanian Swamy v. Union of India
Defences to Defamation
Truth
Fair comment
Privileged communication
Role of Media and Social Media
Press liability
Digital defamation & intermediary liability
Procedure in Civil & Criminal Defamation Cases
Introduction and Scope
Essentials of Malicious Prosecution
Initiation of prosecution
Absence of reasonable and probable cause
Malice
Termination in favour of the plaintiff
Malicious Prosecution in Civil Law
Remedies and Damages
Defences Available
Judicial Trends and Notable Rulings
Distinction between Malicious Prosecution and Abuse of Process
Procedural Aspects and Pleading Requirements
V Mitter Law of Defamation and Malicious Prosecution Civil and Criminal |
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