Is contributory negligence defence against defamation
11-Jan-2023 (In Criminal Law)
Can the defence of contributory negligence be used in a criminal complaint of Defamation if the complainant himself has incited the accused for such imputation? If not, what other defences can be used for such incitement?
That statement if yours would be not a big heads off...Since this is something that would require some further thought process for a better insight since this little info is of little headway for me as a lawyer.
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In every criminal offence mens rea (criminal intention) is an essential element.. contributory negligence can be a defense bt it us upon you to prove it. As the defamation is an offence against reputation. Being personal offence you are burdened to prove your defence beyond all reasonable doubts
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