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The RSS member relied on exception 10 to Section 356 of the Bharatiya Nyaya Sanhita, 2023 which elaborates that conveying a caution in good faith is not defamation.
“The Court laments the fact that it took almost five decades for the Central Government to realise its mistake; to acknowledge that an internationally renowned organisation like RSS was wrongly placed amongst the banned organisations of the country and that its removal therefrom is quintessential.”
The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.