Advocates cannot be held liable for defamation under IPC who acted professionally as per instructions of clients: Madras HC.


The Madras High Court observed that an advocate cannot be made liable for the offence of defamation, who has acted professionally as per the instructions of his/her client. The observation was made by a Single Judge Bench in the case of ML Ganesh v. Venkata Siva Kumar. The Court quashed a criminal defamation complaint made against Advocate ML Ganesh and held that “lawyer is an advocate, one who speaks for another. Naturally beyond what his client tells him the lawyer has no opportunity to test the truth or falsity of the story put forward by the client.”

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