• How to file Defamation Case

Dear Sir/Madam,

My father-in-law's brothers have file a false OP to snatch away his property and business by using a false MOU. In that said OP, they allegedly taken my name, my parents names to disturb and distract my family life between my wife, in laws and my self and parents. however, the cases filed for claim in business and properties is dismissed in all the courts.

But, we had undergone lot of pressure and embarrassment in the relatives as they scattered news on the case. My wife and father in law are asking me to file defamation case as they troubled them and me for the last two years.

Now, I would like your expert advices on filing defamation case prefrebly criminal. The OP was of September 2017.

Kindly suggest the process, limitation, jurisdiction, costs and time frame for trail.

Thanking you in advance,
Veti.K
Asked 4 years ago in Criminal Law
Religion: Hindu

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10 Answers

Dear Sir,

Yes, you can file defamation case because it lowers your image in the family circle which is more important for a person to survive.    It is a social stigma falsely created by them.  You have to file before magistrate court through advocate u/s 500 Cr.P.C.  

They have done a serious mistake by lodging false cases against you thus they have committed a mischief which is unbecoming of holding a public office .  you can file a criminal and civil defamation case claiming huge compensation since your reputation in the society has been lowered.  The finding given by the court is sufficient to establish defamation.  Discharge is a strong document saying that no such complaint ever lodged and no stigma will be attached to you since the said complaint itself erased from the record.

 

1) Defamation cases are of two types, criminal and civil.

2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.

3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.

Here, court fees are NOT required at The level of a civil case.

At the end of case, court punishes offender  if defamation is proved.

3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

File a private complaint under Section 200 of Cr.P.C. against your father-in-law's brothers, for the offence punishable under Section 500 and alleging that they have made defamatory and derogatory remarks in connection to the false OP.

Contact a local lawyer to get the above done.

The period of limitation to institute a criminal defamation case, is 3 years from the date of the event.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

you have to file defamation case where offence has taken place

 

2) you have to file it in same city wherein false case was filed by your uncles 

 

3) file private complaint before magistrate under section 500 of IPC 

 

4) legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94682 Answers
7525 Consultations

5.0 on 5.0

Can file defamation suit for compensation for false accusation and filling false case. Can file as soon as, Jurisdiction will be same court were false case filed. Cost as per advocate fees.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Hello, 

Please tell me as to how you have been defamed? 

Please understand that going through a mental pressure and defamation are true diff things? 

was there any paper publication or any other thing with regards to the case due to which the image has been defamed? 

Also, not that most of the cases of criminal defamation does not end up with conviction. You may rather file a civil suit and may claim damages. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

There is two mode for filling defamation case

(1)to file petition before local Police

(2)civil suit for which notice is required before filling plaint,and court fee is payable as per quantum of damage caused by such defamation

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear sir,

It is called Tort . The Indian courts not encouraging such defamation cases which are based upon false civil cases. Indian Judiciary is already over burdened with several lakhs of cases . You may file such defamation case but i am of the view that you may not get any monetary compensation and also they may not be punished 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

For filing of Defamation case you should first send them a legal Notice to claim damages and written apology from your Uncle.

Then you Should File a criminal Complaint of Defamation in court as it is non cognizable offence and police cannot take any action without court orders.

Costs depends on the advocate you hire and type of cases you want to file against them.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- You have a legal right to live in the society peacefully and respetfully. Law of the land is bound to protect you.

- You mentioned details are attracted amounts to Defamation , and a criminal case can be filed. 

- You can also file a Civil defamation case , for claiming compensation ,after paying court fees . 

- Criminal defamaiton case can  be filed before the Magisterate after mentioning all the facts . 

- Limitation for filing a Civil Defamation is one year from the date of the event,  and for criminal Defamation  it is three 3 years from the date of the event.

- You can file the said case within your jurisdiction .

- Cost and time frame depend upon your approach for the case and lawyer.

Mohammed Shahzad
Advocate, Delhi
13206 Answers
197 Consultations

5.0 on 5.0

By filing the case against you people they cannot be termed to have defamed you.

No doubt you had to undergo arduous strain due to the court case, however since the case is dismissed for whatever the reason, in my opinion, there may not exist any ingredient for filing a defamation case under section 500 IPC.

You may consult a local advocate on this and take a decision provided if recommended. 

T Kalaiselvan
Advocate, Vellore
84882 Answers
2189 Consultations

5.0 on 5.0

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