Principle: A defamatory statement is one which has a tendency to injure the reputation of the person to whom it refers to. Defamation is of two kinds-
(1) Libel, when the defamatory statement is in some permanent and visible form and
(2) Slander, when it is in some trasitefy form, visible or audible. Libel is actionable per se, but slander is actionable only on proof of actual damage.
Factual Situation: A person accused of a crime is arrested by the police. The police give an open statement that the suspect had an extra-marital affair. It is subsequently proved in court that the suspect was innocent of the crime. Will the accused succeed if he files a civil suit for defamation, claiming compensation against the police?

A) He will succeed as the statement is defamatory B) He will not succeed as the police officer is doing his duty in finding a motive for the crime C) He will not succeed as it was a bonafide allegation made by the police in the course of the investigation D) He will succeed if he can prove actual damage caused to his professional and/or personal life

Answer & Solution

Correct Answer: Option C

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