📘 Law of Defamation and Malicious Prosecution (Civil and Criminal)
✒️ Author: V. Mitter
📆 Edition: 14th (2017)
🌐 Language: English
🏢 Publisher: Lexis Nexis

Law of Defamation and Malicious Prosecution (Civil and Criminal) by V. Mitter, now in its 14th Edition (2017), continues to be one of the most authoritative, exhaustive, and time-tested commentaries on the intertwined subjects of defamation and malicious prosecution under Indian law. Published by Lexis Nexis, this classic treatise combines deep legal scholarship with practical analysis, making it an indispensable reference for judges, lawyers, journalists, academicians, and media professionals.

First published several decades ago, this landmark work has evolved with the times, incorporating statutory developments, constitutional perspectives on free speech, and judicial trends shaped by modern defamation jurisprudence in India and abroad.

⚖️ Key Features of the 14th Edition (2017)

• Comprehensive Dual Coverage:
  Provides an in-depth and balanced analysis of both civil and criminal aspects of defamation, as well as the closely allied tort of malicious prosecution.

• Section-wise and Principle-wise Commentary:
  Thorough exposition of the law under Sections 499–502 of the Indian Penal Code, 1860, complemented by a detailed examination of civil defamation principles under common law and Indian tort jurisprudence.

• Constitutional Dimension:
  Elaborate treatment of Article 19(1)(a) – Freedom of Speech and Expression and Article 19(2) – Reasonable Restrictions, along with key Supreme Court judgments defining the limits of free speech and protection of reputation.

• Updated with Judicial Pronouncements:
  Includes a vast number of Supreme Court and High Court decisions up to 2017, such as:

  • Subramanian Swamy v. Union of India (2016) – Upholding criminal defamation under Sections 499–500 IPC.

  • R. Rajagopal v. State of Tamil Nadu (1994) – The “Auto Shankar” case on privacy and freedom of press.

  • Sahara India v. SEBI (2012) – Balancing fair trial rights with freedom of media.

  • Jeffrey J. Diermeier v. State of West Bengal (2010) – On corporate defamation and managerial liability.

• Media and Corporate Defamation:
  Special discussion on press freedom, libel in print and electronic media, internet publications, social media posts, and corporate defamation in the context of modern communication platforms.

• Malicious Prosecution Explained:
  Distinguishes between malicious prosecution and malicious abuse of process, covering the ingredients, burden of proof, damages, and defences in both civil and criminal contexts.

• Comparative Jurisprudence:
  Analyses defamation laws from England, the United States, and Commonwealth jurisdictions, highlighting differences in mens rea, public interest, and fair comment doctrines.

• Emerging Issues:
  Includes new themes such as:

  • Defamation through cyber publications and online content.

  • Corporate reputation and institutional defamation.

  • Right to privacy vs. public interest journalism.

  • The rise of Strategic Lawsuits Against Public Participation (SLAPP) in India.

• Doctrinal Clarity and Practical Insight:
  Simplifies complex principles through illustrations, case extracts, and practical commentary, enabling easy comprehension for practitioners and students alike.

📚 Content Overview

Part I – Law of Defamation (Civil and Criminal)

1. Introduction and Evolution

   • Origin and development of the law of defamation in England and India

   • Distinction between libel and slander

   • Evolution of defamation as both a civil wrong and criminal offence

2. Essentials of Defamation

   • Defamatory statement: meaning and interpretation

   • Publication: communication to third parties

   • Reference to the plaintiff

   • Intention and malice

3. Civil Defamation

   • Principles of tortious liability

   • Damages: compensatory, aggravated, and exemplary

   • Defences: truth, fair comment, qualified privilege, and consent

4. Criminal Defamation (IPC, 1860)

   • Section-wise analysis (Sections 499–502 IPC)

   • Ingredients, exceptions, and burden of proof

   • Liability of publishers, editors, and intermediaries

   • Procedural aspects – complaints, cognizance, and defences

5. Defamation and the Constitution

   • Reputation as a part of Right to Life (Article 21)

   • Balancing freedom of expression (Article 19(1)(a)) and restrictions (Article 19(2))

   • Judicial interpretations from Kharak Singh to Puttaswamy

6. Defamation in Media and Technology

   • Liability of media houses, journalists, and online platforms

   • Social media defamation and intermediary responsibility

   • Cyber laws intersection – Information Technology Act, 2000

7. Corporate and Institutional Defamation

   • Defamation of companies and associations

   • Remedies and corporate reputation management

Part II – Malicious Prosecution

1. Concept and Nature of Malicious Prosecution

   • Historical development and rationale

   • Distinction from false imprisonment and malicious process

2. Essentials of the Tort

   • (a) Institution of legal proceedings

   • (b) Absence of reasonable and probable cause

   • (c) Malice in initiating prosecution

   • (d) Termination in favour of the plaintiff

   • (e) Damage suffered

3. Malice and Motive

   • Nature and proof of malice

   • Inference from conduct and circumstantial evidence

4. Defences and Remedies

   • Good faith and public duty

   • Judicial and prosecutorial immunity

   • Remedies and quantum of damages

5. Malicious Prosecution in Criminal Law Context

   • False implication in criminal cases

   • Civil remedies post-acquittal

   • Recent trends in compensation jurisprudence

6. Comparative Jurisdictions

   • English and American positions on malicious prosecution

   • Indian adaptation and procedural mechanisms

⚖️ Highlights of the Edition

• Balanced treatment of individual rights vs. societal interests.

• In-depth exploration of defamation in the digital era.

• Detailed statutory commentary, enriched with recent case summaries.

• Practical relevance for both civil and criminal litigation.

• Concise yet authoritative – ideal for reference, citation, and academic research.

👨‍⚖️ About the Author

V. Mitter was a renowned legal scholar and author of several authoritative commentaries on Indian civil and criminal law. His analytical clarity, precision, and emphasis on practical application have established his works as standard references in courts and law schools across India.

The Law of Defamation and Malicious Prosecution remains one of his most cited works—valued for its clarity, doctrinal depth, and balanced presentation of legal and constitutional perspectives.

🏛️ Who Should Read This Book

• Advocates and Legal Practitioners handling defamation, tort, or criminal matters

• Judicial Officers requiring an authoritative reference for courtroom adjudication

• Law Students and Researchers studying torts, media law, or constitutional rights

• Journalists and Media Professionals navigating the legal boundaries of expression

• Corporate Legal Teams managing reputation risk and communication compliance

⚖️ Conclusion

The Law of Defamation and Malicious Prosecution (Civil and Criminal) (14th Edition, 2017) by V. Mitter, published by Lexis Nexis, is an unparalleled legal classic combining scholarship, precision, and practical guidance.

It remains a cornerstone reference on the law governing reputation, free speech, and misuse of legal process—offering deep insights into evolving jurisprudence from both doctrinal and constitutional lenses.

With its rigorous analysis, lucid language, and relevance to contemporary issues like media trials, online defamation, and malicious litigation, this book stands as an essential companion for every serious legal mind engaged in the study or practice of Indian defamation law.