Averments Made in Court Pleadings to Prosecute or Defend Case do Not Amount to Defamation: Delhi High Court

The Delhi High Court held that statements made in pleadings while prosecuting or defending a case do not constitute defamation.

The Court observed that allegations raised during judicial proceedings are intended to assert a party’s case and, even if ultimately found false, cannot be treated as defamatory.

It clarified that if a statement made before a court is allegedly false, the appropriate remedy lies in perjury proceedings, not a separate criminal complaint for defamation.

The Court quashed the defamation complaint arising from allegations made in pending civil and testamentary disputes, noting that such pleadings were not publicly circulated nor shown to lower the complainant’s reputation.

[Harkirat Singh Sodhi v. State of NCT of Delhi & Anr.]