Bengaluru: The Karnataka High Court has set aside criminal defamation proceedings initiated against Rahul Gandhi in connection with a complaint filed by the Bharatiya Janata Party (BJP) over an alleged defamatory advertisement published during the 2023 Assembly election period.
Justice S. Sunil Dutt Yadav, in an order dated February 17, 2026, allowed the criminal petition and quashed the proceedings in C.C. No.7399/2024 insofar as Rahul Gandhi (arrayed as accused No.4) was concerned.
The complaint had been filed by the BJP, represented by its State Secretary, alleging offences punishable under Sections 499 and 500 of the Indian Penal Code and contending that a published advertisement contained imputations tarnishing the image of the party and its government.
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The High Court examined whether the complainant qualified as a “person aggrieved” under Section 199 of the Code of Criminal Procedure. The Court noted that the complaint was filed in the name of the National Party, but the authorisation to initiate proceedings had been issued by the President of the State Unit. The Court held that such authorisation could not be treated as valid authorisation on behalf of the National Party, thereby vitiating the proceedings.
On merits, the Court observed that except for the photograph of Rahul Gandhi in the advertisement, there was no material establishing that the publication was made at his instance or with the requisite intent to defame, as required under Section 499 IPC KAHC010754372024_1. The alleged tweet linking him to the advertisement had neither been marked as an exhibit nor supported by a certificate under Section 65B of the Indian Evidence Act at the stage when process was issued.
The Court further held that without the tweet being part of the record, the advertisement alone could not justify issuance of summons against him. It also flagged procedural lapses, including non-compliance with Section 202 CrPC, which mandates an inquiry where the accused resides outside the territorial jurisdiction of the Magistrate.
Concluding that continuation of proceedings against accused No.4 would amount to abuse of process of law, the Court allowed the petition and set aside the criminal case against Rahul Gandhi
