The defendant could not prove the truth

Justification is the plea that the words complained of are in substance and in fact true. It is a complete defence in an action for libel or slander that the words complained of are substantially true, for, “the law will not permit a man to recover possess.” If the words are true, the defendants escape his liability, whatever his motive has been. If the defamatory statement is put forward by way of a rumour or report only. It is not sufficient justification to prove that the rumour or report really existed; it is necessary to prove that it was true. If the defendant could not prove the truth or establish justification the defence is not available. It was recently laid down by Bombay High Court in Radhey Shyam Tiwari v. Eknath. In this case the defendant who was the editor, printer and publisher of a newspaper publish several articles alleging that a Block Development Officer has issued false certificate and took bride in several cases. In the suit the defendant could not prove that the facts publish by him were true. He was, therefore held liable

Mere belief in truth of the statement, however, is no defence; for a man attacks the reputation of another at his peril, and mistake howsoever innocent or inevitable, can be of no help. It is not necessary to prove that the alleged defamatory statement is literally true; it is sufficient, if it is true in substance; and it is true in substance if the essence if the imputation is true.  In Loughans v Odhams Press Ltd. The defendant publish a statement which bore meaning that the plaintiff had murdered a certain person. Although he had been acquitted by a criminal jury the defendant pleaded justification. The civil jury in the action for libel found that this defence succeeded. In the criminal law, truth is not an absolute defence. Truth is a justification only if it is made for public benefit or public good. First exception to section 499 of IPC provides so. Thus while unqualified truth is an absolute defence in the civil Law of defamation, it is a defence in criminal law only if it is made for public good. But truth in any sense is no justification in case of defamation of the state called sedition, or speaking ill of one’s To succeed in plea of justification, the defendant must prove that the defamatory imputation is true. It is not enough for him to prove that he believed that imputation is true even though it was publish as belief only.