• Criminal defamation

My society committee wrote malicious content in AGM notice. I issued them notice. they could not furnish evidence. I want them behind bars for defamation. My question is: Can I file criminal defamation? What is the procedure? Can I also file for damages in civil suit simultaneously? Is criminal defamation be filed as private compliant in metro court? Or Should be filed as complaint seeking directions to Police to file FIR? Kindly guide
Asked 6 years ago in Criminal Law
Religion: Hindu

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11 Answers

Lodge a FIR against these society members under section 500(criminal defamation).

Approach the Police Station and tender a written complaint requesting them to register a FIR in the matter and book the accused persons.

If your FIR is not lodged formally, you can file a private complaint in the Court under section 156(3) crpc.

Besides this, you can also take recourse to remedy available under civil laws. File a defamation suit and seek damages for the dent caused to your reputation. Please note that it is compulsory that you send a legal notice before filing this suit.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

yes you can file both the cases simultaneously.File a criminal complaint for defamation under section 500 along-with 506.

Alongwith the same file a case to claim compensation in the civil court.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

First you must file an FIR and if the police refuses to lodge an FIR then you can file a case directly in the court, it is advised that you approach the police first.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Dear Sir/Madam, as per your query, you have to following details please read be carefully with regard to criminal defamation and to decide yourself, the following details is only it will helpful to you.

That "Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. If defamation occurs in spoken words or gestures (or other such transitory form) then it is termed as slander and the same if in written or printed form is libel. Defamation in India is both a civil and a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, non-cognizable and compoundable offence. hence, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed). The accused also has a right to seek bail. Further, the charges can be dropped if the victim and the accused enter into a compromise to that effect (even without the permission of the court). Defamation as a criminal offence is listed under section 499 of the Indian Penal Code. The punishment, mentioned under section 500, can extend upto simple imprisonment for a term of two years, or with fine, or both." If you want more advice in this regard, please contact with details.

..... by Chandrashekhar Vithal Jadhav, Advocate & Law Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Detail:

Essential Ingredients of ‘defamation’: -

There are three main ingredients of the offence of defamation

(i) making or publishing any imputation concerning any person;

(ii) such imputation must have been made by-

(a) words, either spoken or intended to be read; or

(b) signs; or

(c) visible representations.

(iii) such imputation must be made with the intention of harming or with the knowledge or with reasons to believe that it will harm the reputation of that person.

It is clear that the means rea to cause harm is the most essential sine qua non for an offence under Section 499 of the Indian Penal Code. To constitute ‘defamation’ under Section 499 of the Code, there must be an imputation and such imputation must have been made with intention of having or knowing or having reason to believe that it will harm the reputation of the person about whom it is made. In essence, the offence of defamation is the harm caused to the reputation of a person. It would be sufficient to show that the accused intended or knew or had reason to believe that the imputation made by him would harm the reputation of the complainant, irrespective of whether the complainant actually suffered directly or indirectly from the imputation alleged.

In respect of the offence of defamation, Section 199 of the Code of Criminal Procedure mandates that the Magistrate can take Cognizance of the offence only upon receiving a complaint by a person who is aggrieved. Section 199 of the Cr PC laid down an exception to the general rule that a criminal complaint can be filed by anyone irrespective of whether he is an ‘aggrieved person’ or not.

You may contact me if detailed discussion is required, I hope this will answer your query. Concrete course of action though was provided in my last answer.

Thanks and Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1) you can issue notice to society office bearers to withdraw false and defamatory statements made by them

2) if they refuse file private complaint before magistrate to direct Police to investigate abd submit report

3) you can also file suit for damages against office bearers

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Sir, you can file both civil and criminal case against the defaming person. A civil case is filed for claiming damages. Simultaneously you can file an FIR and charge them under section 499,500,34 of the IPC.

Sir I wish you all success in your case and hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

You can file such case in the court of a Magisrate by fling an application u/s200 crpc.

Simultaneously you can file civil defamation as well.

It would be private complant case and not a police case.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You should file criminal complaint

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

we try and give advise which is apt and too the point, too much content is good in the court file. But I hope you had a good experience, you can contact me telephonically if any help is required.

Thanks

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Yes you can file the complaint for defamation for penalize them and also file the civil suit for the monetary compensation before the court of law. Yes, defamation complaint will be file before the court of judicial magistrate in district court under section 200 of CrPC alongwith the application under section 156(3) of CrPC for seeking direction to police to start the investigation.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

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