Defamation.
Advocate can not be sued for defamation for statements made during court proceedings
No malice or motive can be imputed to such counsel for making any statement made on instructions of client.
Court does not record statement in the presence of any friend circle or family members of the plaintiff and therefore, it cannot be said that reputation of the plaintiff has been damaged in front of his friend circle or family members.
statements by lawyers made in proceedings before court are conferred with absolute privilege.
Statements are recorded only in presence of court and counsel.
In the case of Brig. B.C.Rana (Retired) Vs. Seema MANU/DE/6314/2012 Katoch and Ors ., it has been held so.
Pankaj Oswal vs. Vikas Pahwa (09.02.2023 – DELHC) : MANU/DE/0789/2023