• Defamation by boss

Hi sir, I have a good friend at my workplace. My relations with my boss as employee are not smooth. He insults me infront of clients and keeps on telling the clients publically that this girl has relationship with that guy.. Uses cheap statements publically like they havn't left a single room of the office doing dirty things... Im very much mentally harrrased. Please tell me can i sue him for defamation and what proofs( audio or video recording by a third person or statements by a third person that he has heard him saying all this) would work against him????
Asked 6 years ago in Civil Law

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26 Answers

issue legal notice to boss to with draw false and defamatory statements made

2)if he refuses file police complaint of criminal defamation under section 500 of IPC

3) you can also file suit for damages for maligning your reputation

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

Get hold of audio recordings, apply call recorded app from playstore of google if he insults you over phone call. Then accumulate all proof and keep several back ups.

Then lodge an FIR on grounds of defamation and outraging of womens modesty.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi

You can file a case of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 as the offence stated ( using cheap statements publicly like they havn't left a single room in office doing dirty things.... tantamount to Sexual harassment) at the nearest woman police station.

Alternatively you can also sue him for defamation but it takes about 2-3 years for you to get the judgment

In both the cases (Sexual harassment/ Defamation) an audio / video recording is sufficient proof.

If in addition to audio/video recording, if 2 or more independent persons can also record their statements at the time of filing of complaint, then police and courts will be duty bound to take action and do justice to your case.

Please note that as per the statute, ‘sexual harassment’ includes Presence or occurrence of circumstances

resulting in detrimental treatment in employment; ; interference with work or creating an intimidating or offensive or hostile work environment; or humiliating treatment likely to affect the lady employee’s health or safety could also amount to sexual harassment.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Respected mam...

You are from punjab and in North india girls are equally stands with man in each and every field...Mam whatever your boss is doing is totally wrong you have to collect evidence against him first that may be in any form such as audio or video you can and ask 3rd person to give statment in your favour but remember that 3rd person will not change his/her statment due to his influence...And when you think fit that you have sufficient evidence just lodge an FIR against Him ...He will surelly behind the bars or on knee in front of you for compromise...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

The actions of the boss is not only objectionable byt amounts to criminal offencees as prescribed u/s 500, 504 IPC.

So of you wish you can lodge complaint with police .

Moreover since this is sexual harassment in the workplace you can complain with the company under Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013 and the Rules set therein under,

So you have many options and you can choose any one among the same.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

It can be worked

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Please file a case of harassment with jurisdiction police station under section 294 ipc collect a proof like audio or video is best proof .... better to approach police ... first get him arrested then send him legal notice stating your filing defamation case against him and fIle the case in jurisdiction court.....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

If his act has the effect of casting a dent to your public image, he's guilty of defaming you.

Send him a legal notice calling upon him to forthwith restrain from defaming you in future.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Sufferer

Your issue squarely falls under "Slander" Which is:

.............. the action or crime of making a false spoken statement damaging a person's reputation...........

In your case, the comments attract Salnder.

In case if your boss dose some thing in writing it amounts "Libel" which is:

.............. a published false statement that is damaging a person's reputation; a written defamation..........

If your case falls under second category also you may collate all the relevant material proof viz., CCTV footage, voice record, WhatsApp message, e-mail communication, evidence of people who are party to such comments made by your boss any other material wherein your boss projects you and your colleague in a negative manner.

YES you can take him to task.

You may also approach Mahila Thana / Women Protection Cell / She Teams etc., to address your grievance.

Before going to appropriate Forum make sure that you have substantial material proofs against him.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi mam, it is a criminal offence of outraging women modesty and is punishable under section 354 IPC .. It is advisable to lodge a FIR against him .. The recordings are a valid proof

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

File a police complaint first.

And you have all the rights to file deformation case.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Hi

Yes file a criminal complaint under 500IPC .

People as witness in your support and audios and videos will also do as evidences to prove your version.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Yes you can sue for defamation both criminal and civil , you can get a FIR registered against him. There are certain section which safeguard women respect of her modesty such as section 509 of indian penal code.

you can complaint about your boss in sexual harassment committee of your office but yeah as he is your boss you might get in difficulty.

For civil defamation you need to file complaint in court with compensation.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Dear Client,

You are girl, any thing worse allegations which malign ur reputation amount to criminal offense under section 509 Indian Penal Code,

Read below - S. 509

Word, gesture or act intended to insult the modesty of a woman

Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine1.

Without delay file FIR and also to women commission, definite relief.

Defamation is possible if u can prove. Use office colleagues support to depose in ur favor.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

Hello,

As per the facts described by you, you may go ahead and file a case under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

You have enough evidences to file a case of defamation, the same will take around 3-4 to get decided. Before filing the case send a legal notice the person and ask the person to tender apology and give you compensation.

Also, you may note that you have the liberty to file both criminal and civil defamation.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Its defamation with outraging of womens modesty.

Remedy in defamation is very rare.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

file complaint of criminal defamation under section 500 of IPC as mentioned herein above

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

Then you go ahead and file a case of defamation both civil and criminal.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

File complaint under Section 294 ipc before competent police station after collection of evidence .... Then serve him legal notice that you are filing defamation case against him ...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Dear Madam

Your post itself contains Answer.

According to your findings "Sexual Harassment" is ruled out, then what left ? Your case squarely falls under defamation etc.

You can workout your options on the same.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

please go for defamation, if its not sexual harassment. But I would want you to make aware that once you take legal action against your boss he might create more trouble in office for you. So you have to be prepared for it.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Read Sec 509 Indian Penal Code, and to make case strong, blame him , he is harassing u in private and touched u pulled u . ( and when u discarded his sexual offers, he start malign ur reputatio.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

Defamation case

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Go ahead with filing defamation suit, after serving a legal notice first.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

This is a sexual harassment in the working place.

You can make a complaint with the top management of the company in this regard and he shall arrange for departmental inquiry under prevention of women from sexual harassment at working place act.

Alternately you issue a legal notice demanding his explanation for making such comments against you whether in public or private and also contemplate to file defamation case against him.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

You can file a sexual harassment to women in the working atmosphere case or

You can file a criminal complaint with the police for outraging the modesty of women or

You may file a criminal defamation private complaint before the jurisdictional judicial magistrate court.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

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