Defamation--Impotency of Husbnad -- Allegation by Wife in Matrimional Complaint Made in Good Faith to Police Protected Under Exception 8 Section 499 IPC
An allegation of impotency made by a wife against her husband in a complaint to the police, as part of a genuine matrimonial grievance, is protected under Exception 8 to Section 499 IPC, corresponding to Exception 8 of Section 356 of the Bharatiya Nyaya Sanhita. A complaint to police is a statement made to a public authority in exercise of a legal right, and if the allegation is relevant to the subject matter and is not made with malicious intent or publicised beyond the complaint, the protection under Exception 8 is available. However, alleging impotency without any medical evidence at the time of the imputation does not attract Exception 1 to Section 499 IPC.
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