Criminal defamation against complainants in sexual harassment

Hello
A female employee had filed a sexual harassment case against a senior in our central government hospital and her complaint was also had addendum from my side and one more female that the behaviour of accused inclines towards sexual harassment on various occasions in the department.
Complaint was forwarded to DCW also, who called the complainant and assured and also summoned SHO of police station.

CASH committee was formed, enquiry conducted and witnesses were summoned and statements submitted.

There were about 25 witnesses and all overwhelming ly submitted that charges are true. Committee found the accused guilty and charges true and forwarded the report to central government.

Now, culprit under desperation may be hinted to file criminal defamation against some complainants may be to pressurise them to change statements and also told that if filed then their passports can be withheld by court and they cannot leave country for prospects.

Kindly enlighten about the standing of defamation, law and rights of complainants.

Asked 6 years ago in Criminal Law

Religion: Hindu

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4 Answers

Sir your question is not very clear, id a complaint of sexual harrasmaent was filed against a person which has now been proved and he is guilty, then he has no ground gor filing a defamation case.

Criminal defamation is filed under s499 of Ipc and civil defamation is filed on civil court to seek compensation, however in your case that person has no right to file a defamation case since he is guilty as in order for a defamation case to hold up, it must be proved that the defamatory statement was untrue, and caused damage.

Let me know if you need further assistance.

Regards

Anilesh Tewari

Advocate, New Delhi

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1) complainant has not maligned reputation of the accused

2) filed complaint after inquiry and recording statements of witnesses enquiry committee has found allegations to be true

3) no case of defamation is made out

4) truth is the best defence in defamation case

5) court would not with old passports of complainant . the accused can with court permission travel abroad

Ajay Sethi

Advocate, Mumbai

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1. For Raising complaint civil or criminal does not amount to defamation at all.

2.SO do not worry as even if the allegations are prima face true then only no criminal case of defamation ;ies.

3. in this case the allegations are proved to be true after due enquiry .So There is no bleak chance of acceptance of his criminal defamation case.Rest assured.