MAHIP SINGH VS DAWAN SINGH, (1888) ILR 10 All 425

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Citation	(1888) ILR 10 All 425
Date of Judgment	2^nd July, 1888
Court	Allahabad High Court
Case Type	Civil (Defamation)
Plaintiff	Mahip Singh
Defendant	Dawan Singh
Bench	Brodhurst, Mahmood
Referred	Section-499,500 IPC Article 21 of the Constitution of India Section 73 and 74 of the Indian Contract Act, 1872

FACTS OF THE CASE

Mahip Singh, the plaintiff, was cited as a witness in a suit filed by Sheobadan Singh against Dawan Singh in the Court of the City Munsif of Jaunpur.
On May 10, 1887, during Mahip Singh’s deposition, Dawan Singh, the defendant, made an abusive statement implying illegitimacy and outcast status.
Mahip Singh, alleging defamation, emotional distress, and loss of reputation, initiated legal action against Dawan Singh.
The Munsif initially ruled in favor of Dawan Singh, asserting witness privilege, deeming the statement as given in response to a court question.
Mahip Singh appealed, leading to the case being heard by the Subordinate Judge.

ISSUES:

The Munsif as the Court of First Instance framed three issues,

the first being whether the defendant abused the plaintiff, and if so, whether a suit would lie for slander;
the second issue was whether the imputation was, as a matter of fact, true, and
the third issue related to the measure of damages.

But after the appeal was disposed of by the Subordinate Judge. He framed the following issues:

1. Is abuse actionable?

2. Was the defendant privileged in uttering it?

ARGUMENTS:

On the behalf of plantiff-

1.Defamation and Defamatory Statements:
The section 499 of the Indian Penal Code, 1860 section defines what constitutes defamation and provides for criminal penalties for making false statements that harm a person’s reputation.
Lack of Privilege:
The case of Seaman v. Netherclift (L.R., 2.C. P.D. 53), while not a legal provision per se, this case sets a precedent and can be cited to argue that privilege may not apply when abusive language is unrelated to the inquiry.
Protection of Individual Dignity:
Article 21 of the Constitution of India (Right to Life and Personal Liberty) guarantees the right to life with dignity, and derogatory treatment can be argued to violate this right especially when the defendant was not privileged or had no immunity to do so.
Potential for Social Outcasting: The statement not only tarnishes the plaintiff’s reputation but also carries the potential for him to be outcasted from his community, causing severe social and emotional harm.
4.1 Emotional and Psychological Impact: Social outcasting can have severe emotional and psychological consequences for an individual. It can lead to feelings of isolation, depression, and anxiety.
4.2 Mitigation and Damages: Understanding the potential for social outcasting is crucial when assessing damages in defamation cases. The court may consider not only the financial losses incurred but also the intangible harm to one’s social and professional standing.
Failure to Consider Emotional Distress:Legal Provision: Section 73 and 74 of the Indian Contract Act, 1872 Explanation: These sections allow for the recovery of damages for mental suffering or emotional distress in cases where breach of contract leads to such distress.

On the behalf of Defendant –

Witness Privilege: Legal Provision:
In Seaman v. Netherclift (L.R., 2.C. P.D. 53) the appellant’s statement was made while he was under oath and in response to a question posed by the court. As per established legal precedent, statements made by a witness in court proceedings are protected by witness privilege.
No Malice Intended:
As a legal principle, malice is a key element in defamation cases. The appellant did not make the statement with malicious intent. He responded to a specific question from the court and did not have any ill will towards the plaintiff.
No Special Damages Shown
As per the legal Provision Section 9 of the Code of Civil Procedure, 1908 Explanation: The plaintiff has failed to demonstrate any specific financial losses or damages resulting from the appellant’s statement. Without proof of special damages, a defamation claim may not stand.
Court’s Discretion in Recording Testimony: The court has discretion in recording and omitting portions of witness testimony. The court chose not to record the specific question and answer exchange, but this does not diminish the validity of the appellant’s statement.
Consistency with Prior Rulings:
Rulings should be consistent with prior decisions to maintain legal precedent. Explanation: The appellant’s privilege in providing testimony aligns with established legal principles, as demonstrated in the Seaman v. Netherclift case.

JUDGEMENT

The Munsif dismissed the suit, while the Subordinate Judge disagreed and sent the case for re-trial. The Munsif has relied upon the cases cited at page 117 of Underbill’s Law of Torts, where the summary of the cases is to the effect that “statements of a Judge acting judicially, whether relevant or not, are absolutely privileged: Scott v. Stansfield, L. R., 3 Ex. 220; and so are those of counsel, however irrelevant and however malicious: Munster v. Lamb, L. R., 11 Q. B. D., 588. Solicitors acting as advocates have a like privilege: ibid, and Mackay v. Ford, 29 L. R. Ex. 404. Statement of witnesses can never be the subject of an action: Seaman v. Netherclift.

The Subordinate Judge considered two critical issues:

1. Actionability of the Abusive Statement:

The Subordinate Judge acknowledged that abusive language was indeed employed by Dawan Singh. This derogatory statement, implying illegitimacy and outcast status, had the potential to cause significant harm to Mahip Singh. The judge recognized that such language had the capacity to damage Mahip Singh’s reputation and standing within his community.

2. Witness Privilege and its Applicability:

The Subordinate Judge meticulously assessed the concept of witness privilege. He scrutinized whether this privilege could legitimately shield Dawan Singh’s statement from legal repercussion. The crux of this argument lay in whether the abusive language was spoken within the parameters of witness testimony and whether it was issued with bona fide intent.

Privilege Parameters Clarified:
The Subordinate Judge emphasized that the privilege of a witness extended exclusively to the period during which the witness was providing testimony under oath in the witness-box. Beyond this specific context, the protection of witness privilege did not apply.

Relevance of the Statement to the Inquiry:
The Subordinate Judge discerned that Dawan Singh’s abusive statement was directly pertinent to the inquiry underway during the court proceedings. It was not extraneous or irrelevant to the case, but rather a response to a question raised by the court.
Distinguished Precedents:
The Subordinate Judge reviewed and distinguished precedents cited in the case, reinforcing his rationale for deeming the abusive statement as actionable. He affirmed that the circumstances of this case differed markedly from those cited in previous rulings.
Emphasis on Emotional Distress:
The Subordinate Judge took into account the emotional distress and harm caused to Mahip Singh as a consequence of the abusive language. He recognized that defamation claims do not solely hinge on financial loss, but also encompass the emotional toll inflicted.
Balancing Witness Integrity and Legal Recourse:
The Subordinate Judge sought a delicate balance between safeguarding witness integrity and ensuring that individuals could seek legal recourse for harm endured during court proceedings.
In summation, the Subordinate Judge’s decision revolved around a meticulous evaluation of witness privilege, the relevance of the abusive statement to the inquiry, and the recognition of emotional distress as a legitimate basis for legal action.

Additional Info:

The case involves a nuanced interpretation of witness privilege and the boundaries of actionable abuse in a court setting.
Both parties hold that Dawan Singh made the statement during his testimony, highlighting the pivotal role of this event in the case.

REFERENCES

https://indiankanoon.org

https://ww.scconline.com

This Article is written by Riyansh Gupta of University Institute of Legal Studies, Intern at Legal Vidhiya.