Question

Journalist K publishes an article in a prominent newspaper stating: "During his lifetime, Politician L repeatedly engaged in massive financial corruption and bribery involving undisclosed offshore accounts to siphon public funds." Politician L died five years before the publication. Politician L's family claims defamation. However, the journalist has access to documentary evidence (leaked confidential government files) suggesting the allegations are factually true. Under Section 356 of the BNS, 2023, which of the following correctly determines liability?

A K is not liable for defamation because the statements concern a deceased person who cannot suffer reputational harm in the legal sense
B K is liable under Section 356 because Explanation 1 establishes that imputations concerning deceased persons can amount to defamation if intended to harm the reputation of the family
C K is not liable because the imputations are factually true, and truth is an absolute defence to all defamation allegations under Section 356
D K is liable regardless of whether the statements are true, because publishing allegations against a deceased politician six months after death violates the statutory cooling-off period
E K's liability depends entirely on the newspaper's circulation numbers; defamation is only actionable if the publication reached a minimum threshold of readers
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