All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

The correct option is A: Intention to defame is not necessary.

In tort law, defamation is a strict liability tort, which means that the defendant is liable for the harm caused by his or her act, regardless of whether he or she intended to cause it or not. The plaintiff only needs to prove that the defendant made a false and defamatory statement about him or her, that the statement was published to a third party, and that the statement caused damage to his or her reputation. The motive or intention of the defendant is irrelevant, unless it is relevant to the defences available to him or her, such as fair comment, qualified privilege, or malice.

The other options are incorrect for the following reasons:

Option B: Intention to defame is necessary is false, as explained above. Intention to defame is only relevant in criminal defamation, where the plaintiff has to prove that the defendant had a malicious intent to harm his or her reputation.

Option C: Both (i) and (ii) is not a valid option, as intention to defame is not necessary and not sufficient for defamation in tort law.

Option D: Either (i) and (ii) is also not a valid option, as intention to defame is neither necessary nor sufficient for defamation in tort law.