CLAT Exam  >  CLAT Questions  >   Direction: Given below is a statement of leg... Start Learning for Free
Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principles:
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.
  • The statement must tend to lower the claimant in the estimation of rightthinking members of society.
  • A mere vulgar abuse is not defamation.
  • Defamation encompasses both written statements, known as libel, and spoken statements, called slander.
  • A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice.
    Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.
    • a)
      No, as it is mere vulgar abuse.
    • b)
      The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.
    • c)
      No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.
    • d)
      Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamation
    Correct answer is option 'D'. Can you explain this answer?
    Most Upvoted Answer
    Direction: Given below is a statement of legal principle followed by ...

    Analysis:

    Defamation:
    - Defamation includes both written statements (libel) and spoken statements (slander).
    - Any intentional false communication that harms a person's reputation, decreases respect, or induces disparaging opinions is considered defamation.

    Legal Principle Application:
    - The Anti-Communist Society's accusations of Kaushal being a "Naxalite" and a "Communist-fronter" in the magazine are defamatory.
    - The statements tend to lower Kaushal in the estimation of right-thinking members of society.

    Actual Malice:
    - In the case of a public official or public figure, like Kaushal, to recover damages for defamation on a matter of public concern, he need not prove actual malice.

    Conclusion:
    - Kaushal will likely succeed in the libel action against the editors of the magazine.
    - The statements made were defamatory and did lower Kaushal's reputation in society, making the editors liable for defamation.
    Free Test
    Community Answer
    Direction: Given below is a statement of legal principle followed by ...
    The libel action against the editors of the magazine will succeed for the following reasons: (1) Kaushal was called "Naxalite" and a "Communist-fronter" because it is an intentional false communication (written/published in the paper). It is not a mere vulgar abuse, It lowers Kaushal's reputation in the estimation of right-thinking individuals. Both libel and slander are suitable as both are defamation and this is a case of defamation of libel nature. Kaushal is not a public official so he need not prove that the speaker acted with malice. Whether the newspaper acted or not acted with malice is not important in this case because Kaushal is not a public official.
    Hence, the correct option is (D).
    Attention CLAT Students!
    To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
    Explore Courses for CLAT exam

    Similar CLAT Doubts

    Directions: Read the following passage and answer the question.Any intentional false communication, either written or spoken, by signs or other visible representation that harms a persons reputation; decreases the respect, regard or confidence in which a person is held; or induces disparaging, hostile or disagreeable opinions or feelings against a person is known as defamation. Defamation is the act of making untrue statements about another which damages his/her reputation.Defamation may be defined as a communication to some person, other than the person defamed, of the matter which tends to lower the plaintiff in the estimation of right thinking persons or to deter them from associating or dealing with him.Defamation is of two kinds Libel and Slander. If the statement is made in writing and published in some permanent and visible form, then the defamation is called Libel. If the statement is made by spoken words then the defamation is called Slander.Defamation may be a civil charge or a criminal charge under Section 499 and 500 of IPC.Section 499 Of IPC: 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 to defame that person.Section 500 of IPC: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine or both.A victim, to win a lawsuit, has to prove that a false statement was made and published, and the same caused injury to the reputation of the victim. However, there are defences which can be raised such as a true statement or if it was a fair and honest comment or criticism made in public interest.[Extracted with edits and revisions from Defamation, www.legalserviceindia.com]Q.Hari learned from his pals that Ravi had been harassing him by spreading untrue rumors about him. He brought a defamation claim in response to this. Can it be successful?

    Directions: Read the following passage and answer the question.Any intentional false communication, either written or spoken, by signs or other visible representation that harms a persons reputation; decreases the respect, regard or confidence in which a person is held; or induces disparaging, hostile or disagreeable opinions or feelings against a person is known as defamation. Defamation is the act of making untrue statements about another which damages his/her reputation.Defamation may be defined as a communication to some person, other than the person defamed, of the matter which tends to lower the plaintiff in the estimation of right thinking persons or to deter them from associating or dealing with him.Defamation is of two kinds Libel and Slander. If the statement is made in writing and published in some permanent and visible form, then the defamation is called Libel. If the statement is made by spoken words then the defamation is called Slander.Defamation may be a civil charge or a criminal charge under Section 499 and 500 of IPC.Section 499 Of IPC: 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 to defame that person.Section 500 of IPC: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine or both.A victim, to win a lawsuit, has to prove that a false statement was made and published, and the same caused injury to the reputation of the victim. However, there are defences which can be raised such as a true statement or if it was a fair and honest comment or criticism made in public interest.[Extracted with edits and revisions from Defamation, www.legalserviceindia.com]Q.People frequently criticized the Chief Minister for his odd policies. One of these journalists wrote some really critical articles about his administration and policies. Many people, including the opposition, highlighted this story, which resulted in a sharp decline in popularity. Will a slander claim be successful against the journalist?

    Directions: Read the following passage and answer the question.Any intentional false communication, either written or spoken, by signs or other visible representation that harms a persons reputation; decreases the respect, regard or confidence in which a person is held; or induces disparaging, hostile or disagreeable opinions or feelings against a person is known as defamation. Defamation is the act of making untrue statements about another which damages his/her reputation.Defamation may be defined as a communication to some person, other than the person defamed, of the matter which tends to lower the plaintiff in the estimation of right thinking persons or to deter them from associating or dealing with him.Defamation is of two kinds Libel and Slander. If the statement is made in writing and published in some permanent and visible form, then the defamation is called Libel. If the statement is made by spoken words then the defamation is called Slander.Defamation may be a civil charge or a criminal charge under Section 499 and 500 of IPC.Section 499 Of IPC: 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 to defame that person.Section 500 of IPC: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine or both.A victim, to win a lawsuit, has to prove that a false statement was made and published, and the same caused injury to the reputation of the victim. However, there are defences which can be raised such as a true statement or if it was a fair and honest comment or criticism made in public interest.[Extracted with edits and revisions from Defamation, www.legalserviceindia.com]Q.What is the primary definition of defamation mentioned in the passage?

    Directions: Read the passage carefully and answer the questions that follow.The Defence Research and Development Organisation (DRDO) has successfully conducted the first phase of developmental field firing trials of the Indian Light Tank Zorawar.In a post on X, PRO, Defence, Guwahati said, "DRDO successfully conducted developmental field trials of Indian Light Tank, Zorawar. The collaboration with Indian industry aids in the growth of the domestic manufacturing ecosystem."The first phase of developmental field firing trials of Indian light tank Zorawar was conducted by DRDO on Friday."Defence Research and Development Organisation (DRDO), on September 13, 2024, successfully conducted the preliminary automotive trials of the Indian light Tank, Zorawar, a highly versatile platform capable of deployment in high-altitude areas," as per a press release from the Ministry of Defence.During the field trials conducted in the desert terrain, the Light Tank demonstrated exceptional performance, efficiently meeting all the intended objectives. In the initial phase, the tanks firing performance was rigorously evaluated and it achieved the required accuracy on designated targets, the Defence Ministry stated.Zorawar has been successfully developed by the Combat Vehicles Research & Development Establishment (CVRDE), a unit of the Defence Research and Development Organisation (DRDO), in collaboration with Larsen & Toubro Ltd (L & T)."Numerous Indian industries, including Micro, Small, and Medium Enterprises (MSMEs), contributed to the development of various sub-systems, showcasing the strength of indigenous defence manufacturing capabilities within the country," Ministry of Defence stated in the release.Union Defence Minister Rajnath Singh lauded DRDO, the Indian Army, and all associated industry partners for the successful trials of the Indian Light Tank. He described the achievement as a significant milestone towards Indias goal of self-reliance in critical defence systems and technologies, as per the Ministry of Defence.Learning from the Russia-Ukraine conflict, DRDO and L & T have integrated USV and loitering munition in the Zoravar tank.Initially, 59 tanks will be given to the army. Weighing 25 tonnes, this tank can move at high speed in mountain valleys and two tanks can be transported at a time by the Indian Air Forces C-17 aircraft.[Excerpt from Business Standard "DRDO Conducts Successful Trials of Indian Light Tank Zorawar" Dated 16/09/24]Which organizations were involved in the development of the Zorawar light tank?

    Top Courses for CLAT

    Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer?
    Question Description
    Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer?.
    Solutions for Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
    Here you can find the meaning of Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. The statement must tend to lower the claimant in the estimation of rightthinking members of society. A mere vulgar abuse is not defamation. Defamation encompasses both written statements, known as libel, and spoken statements, called slander. A public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice. Facts: In 2018, a police officer, Suresh Singh, shot and killed Dayal. After the officer was convicted of culpable homicide not amounting to murder, Dayal's family retained a lawyer, Kaushal, to represent them in civil litigation against the officer. In a magazine called Indian Opinion, the Anti-Communist Society accused Kaushal of being a “Naxalite” and a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. Because the statements contained serious inaccuracies, Kaushal filed a libel action against the editors of the magazine. Decide whether he will succeed.a)No, as it is mere vulgar abuse.b)The statement may be defamatory but the editors of the magazine are not liable unless Kaushal is able to establish actual malice in making the statement.c)No, as the statement does not tend to lower Kaushal in the estimation of right-thinking members of society and print media is known for such type of journalism.d)Yes, as statement is defamatory and Kaushal is not required to establish actual malice to successfully bring a claim of defamationCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
    Explore Courses for CLAT exam

    Top Courses for CLAT

    Explore Courses
    Signup for Free!
    Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
    10M+ students study on EduRev