Advocates acting professionally as per instructions of clients cannot be made liable for Defamation under IPC: Madras High Court

"... a lawyer is an advocate, one who speaks for another. Naturally beyond what his client tells him the lawyer has no opportunity to test the truth or falsity of the story put forward by the client", the Court noted.

The Madras High Court recently observed that an advocate who has acted professionally as per the instructions of his/her client cannot generally be made criminally liable for the offence of defamation under Section 500 (Punishment for defamation) of the Indian Penal Code (IPC).

The Court made this pertinent observation while quashing a criminal defamation complaint made against Advocate ML Ganesh and his client for statements made before National Company Law Tribunal (NCLT) in an Insolvency Proceeding Case (ML Ganesh v. CA V Venkata Siva Kumar).

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