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Report No. 33

29. Indian decisions as to qualified privilege.-

In a Privy Council case1, the English decisions, including Toogood v. Spyring, para 24 supra and Adam v. Ward, para 24 supra were referred to as laying down the correct rule.

The Indian decisions as to qualified privilege and civil liability are reviewed in a Patna case2, which also refers to the English decisions3. The position in India, as regards privileged occasions in relation to civil liability, is not substantially different from England.

It may be added, that a statement made to a police-officer in the course of an investigation may not be absolutely privileged, in India.

1. Govind Das v. Bishambar Das, 1917 ILR 39 All 561 (571) (PC).

2. Surendra Nath v. Bageshwari Prasad, AIR 1961 Pat 164.

3. Cf. Maroti v. Godubai, AIR 1959 Bom 443 (Datar J.) (Reviews case law).

Section 44, Code of Criminal Procedure, 1898 Back

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