CC#6 Aryan Khan | Celebration.. let’s have a blast 🌈✨🎊🥳❤️ - Page 75

All central agencies will end up loosing their credibility 😂

Unless govt wants to destroy all of them..

Originally posted by: SriRani

I know people will bash me for saying this...but India has become one scary place to live as there are politics in every street and you don't want mess with those Gali ka politics gunda.

It’s always been like that, bjp has taken it

To a whole new level

This family deals in crores only:

https://twitter.com/livelawindia/status/1457193306807422981?s=21

What a mess this has turned out to be.. I can't imagine what Shahrukh and his family are going through

https://lexlife.in/2020/05/03/defamation-law-in-india/

successful defamation suit. They are:

• The presence of a defamatory statement is required. Defamatory content is one calculated to injure the reputation of a person or a class of persons by exposing them to hatred, contempt or ridicule. The test whether it damages reputation has to be calculated from the eyes of a common man and his comprehension of the matter.
• Secondly, the statements must purport to a person or a class of persons. General statements like all “politicians are corrupt” is too broad and no specific politician can gain compensation for the same.
• It must be published either in oral or written form. Unless the content is made available to a third person, there can be no defamation. Where a letter is sent in a language unknown to the recipient, he needs a third person to read it to him. If any defaming statement is made in it, it will constitute defamation even if it was sent as a private letter, since the aid of a third person was needed to read it.

Once all these conditions are satisfied, a successful defamation suit subsists. The defendant can plead defenses that

1. The statement published was true,

2. Fair comments made with public interest based on true incidents,

3. Certain persons are vested with the privilege to make statements even if they are defamatory, example judicial proceedings and members of parliament.

If the defendant fails to substantiate his act, the suit is successful.

Criminal defamation

It is nothing but a defamation for which simple imprisonment may be awarded. Under a criminal suit, intention to defame is necessary. The allegation should be made with malice intent to defame another or at least the knowledge that the publication is likely to defame another is essential. It has to be proved beyond reasonable doubt that the act was being done to lower the reputation of another.

Section 499 of the Indian Penal Code, 1860 defines defamation and its exceptions. Words or signs imputed intending to harm or with the knowledge that such imputation will cause harm. It may amount to defamation if anything is imputed against a deceased person, if such imputation would harm the reputation had the person been alive. The class of persons shall include company or associations. It is no defamation unless the alleged defamatory statement either directly or indirectly lowers the moral or intellectual character or his respect of his caste or his calling in the estimation of others.

Persons who make defamatory statements are exempted from punishments if they fall in one of the ten exceptions provided in Section 499. They are: –

• Attribution of any truth made for public good. Truth is seldom defense unless made for a public good.
• Any opinion made in good faith regarding the conduct of a public servant in the discharge of his public functions.
• Any opinion made in good faith respecting the conduct of any person which relates to a public question.
• Publication of true reports of the proceedings of the Courts or the result of the proceedings is not a defamation.
• Any opinion made in good faith regarding the merits of any civil or criminal case decided by the Court of Justice, or the conduct of any person as a party, witness or agent to that case and no further.
• Opinions made about the merits of any performance which its author has submitted to the judgement of the public, or about the author is not defamation if made in good faith.
• Censures passed by persons neither having authority over another either conferred by a law or from a lawful contract in good faith is nor defamation. Censure is formal statement of severe disapproval.
• Accusation of offence to any person having lawful authority over the alleged person in good faith is an exception to defamation. Complaints about servants to masters and children to parents are examples to the exception.
• Statements made about the character are not defamation if it is made in order to protect the interests of the person making it, or any other person, or for the public good.
• Cautions conveyed to one person against another are not defamation if it is intended for the good of the conveyed person, or any other, or for public good.

Section 500 of the Code punishes defamation if it does not fall within the above said exceptions with simple imprisonment which may extend to two years, or fine, or both. The Indian Penal Code punishes printing or engraving matter known to be defamatory or sale of such printed or engraved substance containing defamatory matter about any person in the same manner of punishing defamation.

Constitutionality of defamation laws

Controversies have erupted over the fact that defamation laws are in violation of fundamental right guaranteed under Article 19 of the constitution. The Supreme Court has ruled that the criminal provisions of defamation are constitutionally valid and are not in conflict with the right to free speech. The court also held that the freedom of speech and expression is “absolutely sacrosanct” and is not absolute. The right to life under Article 21 shall also include the right to reputation of a person and cannot be allowed to be crucifed by other’s right of free speech.

What is defamation?

“Any type of deliberate false communication, either written or spoken, that can harm a person’s reputation or decreases the respect, regard or confidence of a person; or induces disparaging, or a hostile or disagreeable opinion or feeling against a person is known as defamation.”

I thought SRK/Aryan were out of this case. It was all about Mallik vs NCB. I guess this entire extortion case has backfired badly, all kidnappers are desperate to save their dirty a** and that is possible only if SRK keep his mouth shut.

Fadvanis has proofs about Mallik's connections with underworld, but he will not give to appropriate agencies, but handle it over to Sharad Pawar. And what does he expect from Sharad Pawar to do with it? Make Bombay masala sandwich and eat? If they want to stop Nawab Mallik, there they should go and talk with Sharad Pawar, not Sharukh.

The current condition of India totally makes sense. The people who are supposed to govern the country, they are busy planning and plotting like sasti vamp of Ekta Kapoor, bas ek background music daal do 'Nikka'.

Originally posted by: CoffeeCake

I thought SRK/Aryan were out of this case. It was all about Mallik vs NCB. I guess this entire extortion case has backfired badly, all kidnappers are desperate to save their dirty a** and that is possible only if SRK keep his mouth shut.

Fadvanis has proofs about Mallik's connections with underworld, but he will not give to appropriate agencies, but handle it over to Sharad Pawar. And what does he expect from Sharad Pawar to do with it? Make Bombay masala sandwich and eat? If they want to stop Nawab Mallik, there they should go and talk with Sharad Pawar, not Sharukh.

The current condition of India totally makes sense. The people who are supposed to govern the country, they are busy planning and plotting like sasti vamp of Ekta Kapoor, bas ek background music daal do 'Nikka'.

Nawab Malik has videos he is leaking. They are done for good now.

Mr. Modi and his obvious love-hate/hate-love for the Hindi Cinema called Bollywood (is he even remotedly interested in another filmindustry???) ... which he wants to glorify HIS idea of India...

Above all I want ShahRukh to get his son's case closed and then return to work because working in and on movies is his life... Aryan could go back to what he had planned to do after his graduation... and BJP governed states would get hard slaps...

Oh, how much I would like to understand spoken Hindi (for the written at least I can get help through Google translation) because reports differ and I don't trust media.

If Aryan is safe, I want the Hindi filmindustry to react...not for a political party but for the idea of a secular and non-corrupt India.

https://twitter.com/etimes/status/1457304125880750082

Today, if I read it right...