No defamation of advocate for acting on instruction of client

M. L. Ganesh Vs. V. Venkata Siva Kumar (Madras High Court) Facts- An application was filed before NCLT, to remove Chartered Accountant Mr. V. Venkata as the resolution professional, by an advocate on behalf of the committee of creditors. Against the same, the Chartered Accountant filed a criminal defamation complaint against both, the advocate and the committee of creditors. Conclusion- An advocate, who acted professionally as per the instructions of his/her client, cannot be made criminally liable for the offence of defamation under section 500 of the IPC unless contrary is alleged and establ...