In P.R. Ramakrishnan v Subbaramma Sastrigal (Kerala High Court, 1986), how did the Court treat a…
The Kerala High Court treated a lawyer's confidential dictation of a reply to his clerk for transcription as part of the lawyer's professional communication, and not as…
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In P.R. Ramakrishnan v Subbaramma Sastrigal (Kerala High Court, 1986), how did the Court treat a lawyer’s dictation of a defamatory reply to a clerk for confidential professional transcription?
Answer and explanation
Correct answer B
The Kerala High Court treated a lawyer's confidential dictation of a reply to his clerk for transcription as part of the lawyer's professional communication, and not as publication of the imputation to a third person under IPC s.499 (now section 356(1) of the Bharatiya Nyaya Sanhita, 2023). The clerk who merely typed it did not make or publish it, and the ruling gives lawyers no licence to publish defamatory matter to the public.
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