Court Rules Advocates Cannot Be Held Liable for Defamation Based on Client Instructions; Trial to Proceed Against First Accused
In a significant ruling, the Madras High Court has quashed the defamation case against an advocate who was implicated in a defamation suit based on statements made on behalf of his clients. The case, J.N. Naresh Kumar v. Jayakaran Vasudevan, highlights the legal boundaries of responsibility for defamation when it comes to advocates acting on client instructions. Presiding Judge, Mr. G.K. Ilanthiraiyan, emphasized that a lawyer acts on the instructions of the client and cannot be prosecuted for defamation for statements made within that scope.
The proceedings stemmed from a private complaint filed against the first and third accused under Sections 500 and 109 of the Indian Penal Code, alleging defamation. The complaint arose after allegations of a forced marriage led to legal actions, and subsequent counter-claims involving accusations of sexual harassment were publicized. The advocate in question was accused of spreading defamatory statements through media outlets.
Upon review, the court found that no specific allegations were substantiated against the advocate beyond his professional role of representing his clients. "A lawyer is an advocate, who speaks on behalf of another," Judge Ilanthiraiyan stated, underscoring that any responsibility for defamatory statements rests with the client, not the lawyer. The court deemed the complaint against the advocate an abuse of legal process and quashed the proceedings concerning him.
However, the court found substantive allegations against the first accused, upholding the defamation charges. The trial for the first accused will proceed, with the court directing the Judicial Magistrate No.I, Thiruvallur, to complete the trial within three months.
This decision reinforces the legal protection for advocates operating within the confines of client instructions, while also ensuring that individuals accused of defamation face due legal scrutiny.
Bottom Line:
An advocate cannot be prosecuted for defamation for statements made based on the instructions of the client, as the responsibility for such statements rests with the client, not the lawyer.
Statutory provision(s): Indian Penal Code, 1860 Sections 500, 109
J.N.Naresh Kumar v. Jayakaran Vasudevan, (Madras) : Law Finder Doc id # 2880355
