INDIAN PENAL CODE, Law ArticlesAdvocate Tanwar2 Comments

Introduction

Defamation is a serious issue, and understanding the intricacies of Indian defamation law can be difficult. We’ll go over the legal notice for defamation, who can send one, how to file a case, what a defamation action is, and much more in this in-depth tutorial. You will have a thorough understanding of Indian defamation law and how to safeguard your reputation by the time you finish reading this article.

Legal Notice Regarding Defamation: A Comprehensive Overview

The first step in taking civil or criminal action against the person or people damaging your reputation is to file a defamation legal notice. It essentially serves as a legal warning, threatening to file a lawsuit if certain demands—like damages or recompense for losses or reputational injury—are not sufficiently met.

In India, who is authorised to send a legal notice for defamation?

Anyone in India has the option to send a legal notification if they believe that words made about them have harmed their reputation. This applies to people, businesses, and even public servants. The publisher, author, and distributor may be held legally responsible and get a legal notice if the defamatory comment is published.

Steps for Filing a Defamation Case in India

Filing a defamation case in India involves several steps:

  1. Draft a legal notice detailing the defamatory statements and their impact on your reputation.
  2. Send the notice through a registered lawyer.
  3. If the accused does not retract their statement or apologize, file a complaint before the appropriate court.
  4. Provide evidence and witnesses to support your case.
  5. Await the court’s judgment and follow through with any court orders.

Civil & Criminal Defamation

In India, defamation is a civil and criminal offence.

In civil law, defamation is essentially the act of harming another person’s reputation; if the plaintiff is found guilty in a court of law, they will receive monetary compensation. The third party must have read the defamatory comment, which may even be libellous or slanderous. The plaintiff may file a case in the Justice Subordinate Courts or the High Court. As an illustration, in D.P. Chaudhary v. Manjulata case, it was negligently published in the newspaper that Manjulata has run away with a boy, Kamlesh. Being a defamatory statement published negligently, the plaintiff got the compensation.

According to criminal law, a person found guilty of defamation faces both jail time and the possibility of having to pay restitution. In this case, the intention is required. The defamatory statement must be untrue and intended to harm the reputation of the target. Either slander or libel may be present in the remark.

How Do You Answer a Defamation Lawsuit?

It’s crucial to react responsibly when you receive a legal notification alleging defamation. These are the actions to follow:

  1. Speak with a lawyer to learn about the notice and your legal alternatives.
  2. Analyse the validity of the accusation made against you.
  3. Write a reply downplaying the accusations or, if necessary, expressing regret.
  4. Obtain witnesses and evidence to support your defence if the case goes to court.
  5. Observe the ruling of the court and any further directives.

How Do I Write a Defamation Complaint?

Here are the procedures to file a defamation complaint:

  1. List all of the falsehoods that have been said about you.
  2. Describe how your reputation has been damaged by the remarks.
  3. Provide proof to back up your assertions.
  4. Ask the person who made the statements to retract or apologise for them.
  5. Seek legal advice to guarantee the validity of your complaint.

Defamation: Is it Possible to File a FIR?

Sure, you may use Section 499 of the Indian Penal Code to submit a First Information Report (FIR) for criminal defamation. However, more serious cases of defamation when the public interest is at risk are usually the ones that result in criminal charges. If you think your case qualifies for criminal charges, speak with a lawyer.

I Want to File a case against False Defamation FIR, Can I?

If you’ve been the target of a fraudulent police report that has damaged your reputation, you may file a defamation lawsuit. You have the right to sue the person who falsely filed the FIR for damages or compensation in such a case.

When Can a Person File a Defamation Case in India?

A person can file a defamation case in India when they believe their reputation has been damaged by defamatory statements made against them. It’s important to act promptly, as there is a limitation period for filing defamation cases. Consult a lawyer to ensure you file your case within the prescribed time frame.

What Are the Grounds for a Defamation Case?

In India, the following are grounds for filing a defamation lawsuit:

  1. Something negative has been said about you, either verbally (slander) or in writing (libel).
  2. The declaration was released or shared with a third party.
  3. Your reputation was damaged by the statement.
  4. The libellous assertion lacks a legitimate defence or rationale.

Frequently Asked Questions

Q: In India, how long does it take to get a defamation lawsuit resolved?

A : Some factors, including the case’s intricacy and the court’s workload, affect how long a defamation case takes. The resolution of a defamation lawsuit may take several months or even years.

Q: Can a person be jailed for defamation in India?

A: Yes, if a person is found guilty of criminal defamation, they can be sentenced to imprisonment for up to two years, a fine, or both.

Punishment for Defamation

  1. Under Section 500, whoever defames another shall be punished with simple imprisonment of a maximum of two years or with a fine for the damage or both imprisonment and fine.
  2. Under Section 501, anyone who prints the defamatory statement for any reason shall be punished with simple imprisonment of a maximum of two years or with a fine for the damage or both imprisonment and fine.
  3. Under Section 502, anyone who sells the printed copy on which the defamatory statement is there, then the culprit shall be punished with simple imprisonment of a maximum of two years or with a fine for the damage or both imprisonment and fine.

Q: Can I sue someone for defamation on social media?

A: Yes, you can sue someone for defamation on social media if their statements have caused harm to your reputation.

Q: Can a company sue for defamation in India?

A: Yes, a company can sue for defamation if defamatory statements have caused harm to its reputation or business.

Q: What are the remedies available in a defamation case?

A: A defamation lawsuit may result in one of the following remedies: monetary damages or compensation, an injunction to stop future defamation, or a public apology or retraction.

Adv. khanak sharma (D\1710\2023)

2 Replies to “HOW CAN YOU FILE A DEFAMATION CASE IN INDIA? (EVERYTHING YOU NEED TO KNOW)”

  1. by Gaurav 2 weeks ago

    Meri wife ne fake gang rape ki FIR 2020 ki hai hum teeno bhai pr aur Hume bail mil chuki hai , ek din bhi jail nahi Gaye wife ka cross ho chuka hai , abhi case khatam nahi huwa hai ,to mei kab Maan Hani ka case karu aur amount kaise maalum karu ke kitna claim kar sakta hu

    Reply
    1. by Advocate Tanwar 2 weeks ago

      Hello Gaurav,
      You have to wait for the final judgement. Once you and your brothers are acquitted after the closing of the case, only then can you go further with your remedies for defamation.

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.

Disclaimer

The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.