Locus Standi and Class Defamation: Bombay High Court Evaluates Criminal Proceedings Against Political Remarks

sketch of the Bombay High Court
Case
RAHUL GANDHI v. THE STATE OF MAHARASHTRA AND ANR. (Bombay High Court, 08-09-2026)
Law
Code of Criminal Procedure, Constitution of India, Indian Penal Code, Representation of the People Act.

Highlights of the Judgment:

  • Analysis of locus standi under Section 199 of the Code of Criminal Procedure for initiating criminal defamation.
  • Interpretation of the expression "some person aggrieved" as distinguished from a person directly defamed.
  • Examination of Explanation 2 to Section 499 of the Indian Penal Code concerning defamation of an association or collection of persons.
  • Judicial standards for determining whether a large political party constitutes a definite and determinate body.
  • Scope of High Court interference under Section 482 of the CrPC and Article 227 of the Constitution in quashing process issuance.