Rahul Gandhi Defamation Case PDF

PDF Name	Rahul Gandhi Defamation Case
No. of Pages	30
PDF Size	0.63 MB
Language	English
PDF Category	Government
Source / Credits	livelaw.in
Uploaded By	Pradeep

Rahul Gandhi Defamation Case - Summary

BJP MLA and former Gujarat minister Purnesh Modi initiated a defamation case against Rahul Gandhi. Purnesh Modi, who served as a minister in the first term of the Bhupendra Patel government, is also an MLA from the Surat West Assembly. To show their strength and support for Gandhi, numerous Congress party functionaries gathered in Surat.

The Surat Court, presided over by Chief Judicial Magistrate HH Varma, found Gandhi guilty under sections 499 and 500 of the Indian Penal Code. However, the court granted him bail and suspended the sentence for 30 days, allowing him to appeal in a higher court, as mentioned by the Congress leader’s lawyer, Babu Mangukiya.

Understanding the Defamation Case

Last week, the court concluded hearing final arguments from both sides. Gandhi’s lawyer, Kirit Panwala, noted that Gandhi’s last appearance before the Surat court in this case was in October 2021, where he recorded his statement, according to a PTI report.

In March 2022, the Gujarat High Court paused the proceedings after Modi filed a petition seeking a stay, mainly due to concerns about insufficient evidence. Advocate Harshit Tolia, who represented Modi, mentioned, “We have now withdrawn the petition following sufficient evidence coming on the court’s record.” They cited that CDs and a pen drive contained the alleged material.

What do IPC Sections 499 and 500 State?

Defamation is a legal issue that involves harming a person’s reputation. In India, defamation can be considered both a civil wrong and a criminal offence, depending on the outcomes individuals want to achieve.

A civil wrong usually aims for monetary compensation, while criminal law focuses on punishing the offender and deterring others from similar actions, which can include imprisonment. In a criminal case, defamation must be proved beyond a reasonable doubt, whereas, in a civil case, damages may be awarded based on credibility.

Section 499 of the IPC defines what constitutes criminal defamation, and following provisions lay out its penalties. Section 499 explains that defamation may occur through spoken words, written material, signs, or visible representations. These statements can damage a person’s reputation when made with the intention or knowledge that such statements will likely cause harm.

Section 500 outlines the penalty for criminal defamation, which may include imprisonment for up to two years, with or without a fine.

For a deeper understanding of the case and the related legal content, you can also download the detailed PDF document for your reference.

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