Further notice to Dainik Bhaskar
This has reference to the notice dated 9.6.18 addressed to Dainik Bhaskar. The same is being supplemented, as below, highlighting the misconduct ignobly pursued in the matter of refusing to give acknowledgement of communications that are hand delivered. The following communication seeks to enlighten the so called esteemed printers and publishers about the said misconduct, apart from drawing their kind attention to the misconduct of the man whom they consider to be responsible , but is he? Sorry, one who isn't on a trivial score may be a blunder where a small lapse may cost the institution heavily. It is for this reason, the communication appended below seeks to stand out, to forewarn, in that forewarned is forearmed , rather than threatened. The communication is as below, especially seeking -
whether you are not obliged to receive and sign an acknowledgement of communication delivered by hand? And whether you may justify your action, whereby you refused endorsing an acknowledgement after the said cited communication was delivered in person to noticed no.3?
M: +917982609575, +919430023560
Rajesh Sahai, Peepal – The Resilience Lab,
Advocate. Shiva Bhawan, Police Line Rd.
Bhagalpur
10.06.18
Kedar Prasad Singhal
Printer and Publisher for M/S D B Corp Ltd. Dainik Bhaskar Hindi Daily
Shed No. 8,
Shri Bhagwati Hosiery Mills Pvt. Ltd.
Netaji Subhash Chandra Bose Marg,
Tilkamanjhi
812001
Om Gaud,
Editor, Dainik Bhaskar Hindi Daily,
Printer and Publisher for M/S D B Corp Ltd. Dainik Bhaskar Hindi Daily
Shed No. 8,
Shri Bhagwati Hosiery Mills Pvt. Ltd.
Netaji Subhash Chandra Bose Marg,
Tilkamanjhi
812001
Rajesh Ranjan,
Karyakari Editor,
Printer and Publisher for M/S D B Corp Ltd. Dainik Bhaskar Hindi Daily
Shed No. 8,
Shri Bhagwati Hosiery Mills Pvt. Ltd.
Netaji Subhash Chandra Bose Marg,
Tilkamanjhi
812001.
Dear Sir(s),
Ref: News story which appeared in Dainik Bhasker edition dated 9.6.18 at Page 2 captioned, ‘Peepal ke Regstration par…‘ besides other inboxed stories concerning Peepal, inter alia.
Sir,
Ignorance of law is no excuse . Nevertheless, those who are shrewd , do arouse sympathy by feigning ignorance. In order to pre- empt such a fake alibi, it is apt to bring the related laws to the conscious cognizance of those who might feign inadvertence for acts which are materially and substantially contrived ones.
Be that as it may, in continuation of the communication aforementioned, delivered in person to noticed no.3, notwithstanding his refusal to endorse it's acknowledgement, the following citations are offered from the Indian Penal Code, just for ready reckoning and absolutely without malice.
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Section 499 – 502 of Indian Penal Code deals with the offence called, defamation.
Offence of defamation can be dealt both under the law of crimes as well as under Law of Torts.
Criminal nature of defamation is defined under Section 499 of Indian Penal Code and Section500 provides the punishment for such offence.
Sections which follow are aides thereto .
499. Defamation
Whoever, by words
either spoken or
intended to be read, or
by signs or by visible representations, makes or
publishes any imputation concerning any person intending to harm, or
knowing or having reason to believe that such imputation will harm,
the reputation of such person,
is said,
except in the cases hereinafter excepted,
to defame that person.
Explanation 1- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation 3- An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4- No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loath some state, or in a state generally considered as disgraceful.
Illustrations
(a) A says-"Z is an honest man; he never stole B's watch"; intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions.
(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's watch. This is defamation unless it fall within one of the exceptions.
(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.
First Exception- imputation of truth which public good, requires to be made or published- It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
Second Exception- Public conduct of public servants- It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.
Third Exception- Conduct of any person touching any public question- It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.
Illustration
it is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharges of the duties of which the public is interested.
Fourth Exception- Publication of reports of proceedings of Courts- It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.
Explanation- A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above section.
Fifth Exception- Merits of case decided in Court or conduct of witnesses and others concerned- It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.
Illustrations
(a) A says-"I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest". A is within this exception if he says this is in good faith, in as much as the opinion which he expresses respects Z's character as it appears in Z's conduct as a witness, and no further.
(b) But if A says-"I do not believe what Z asserted at that trial because 1 know him to be a man without veracity"; A is not within this exception, in as much as the opinion which he express of Z's character, is an opinion not founded on Z's conduct as a witness.
Sixth Exception- Merits of public performance- It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.
Explanation- A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.
Illustrations
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage, submits his acting or signing in the judgment of the public.
(d) A says of a book published by Z- "Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind". A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z's character only so far as it appears in Z's book, and no further.
(e) But if A says-"I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertines. A is not within this exception, in as much as the opinion which he expresses of Z's character is an opinion not founded on Z's book.
Seventh Exception- Censure passed in good faith by person having lawful authority over another- It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.
Illustration
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier-are within the exception.
Eight Exception- Accusation preferred in good faith to authorized person- It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration
If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z, and child, to Z's father-A is within this exception.
Ninth Exception- Imputation made in good faith by person for protection of his or other's interests- It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.
Illustrations
(a) A, a shopkeeper, says to B, who manages his business-"Sell nothing to Z unless he pays you ready money, for 1 have no opinion of his honesty". A is with in the exception, if he has made this imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.
Tenth Exception- Caution intended for good of person to whom conveyed or for public good- it is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.
500. Punishment for defamation
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
501. Printing or engraving matter known to be defamatory
Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
502. Sale of printed or engraved substance containing defamatory matter
Whoever. sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
The above informations aren't supposed to be not within your cognizance, yet it's worthwhile to have it around for kind ready reference while addressing the subject cited communication awaiting your categorical reply before determination at this end what legal action might be expedient in the matter.
Besides answering the principal communication, kindly inform whether you are not obliged to receive and sign an acknowledgement of communication delivered by hand? And whether you may justify your action, whereby you refused endorsing an acknowledgement after the su next cited communication was delivered in person to noticed no.3?
Thanking you ,
Yours faithfully,
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