Under section 356 of the Bharatiya Nyaya Sanhita, 2023, consider these statements about exceptions to…
A true imputation falls under the First Exception when public good requires that it be made or published. The Second Exception protects a good-faith opinion on a public…
Choose your answer
Under section 356 of the Bharatiya Nyaya Sanhita, 2023, consider these statements about exceptions to defamation. I. A true imputation can qualify if public good requires its publication. II. An opinion expressed in good faith can qualify if it concerns a public servant’s official conduct. III. An opinion expressed in good faith can qualify if it concerns the merits of a work the author submitted to public judgment. Which statements are correct?
Answer and explanation
Correct answer D
A true imputation falls under the First Exception when public good requires that it be made or published.
The Second Exception protects a good-faith opinion on a public servant’s discharge of public functions and character insofar as it appears in that conduct.
The Sixth Exception protects a good-faith opinion on the merits of a performance submitted to public judgment, including the author’s character insofar as it appears in that performance.
Option feedback
Option A
Truth for public good and good-faith comment on official conduct both qualify. Good-faith review of a work submitted to the public can also qualify.
Option B
Truth for public good and good-faith literary review can qualify. Good-faith comment on a public servant’s official conduct is also covered.
Option C
The public-conduct and public-review exceptions both apply in their proper scope. Truth for public good can qualify as well.
Option D
The conditions described correspond to the First, Second and Sixth Exceptions.
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