• I want to know the procedures to file defamation case

I used to work for a private company few years back. Recently I got to know that they have told my fellow colleagues that I have stolen from the company. I could not know the facts as the company forced others not to tell me about this incident. At one hand they were spreading this to people and on the other hand suppressed the fact so that I can not take any action against the company. I believe they filed a false complaint to the police and it was withdrawn without my knowledge and later used this incident to malign my image. It is extremely dangerous in nature as anyone can take advantage of this incident and I was not allowed to defence myself. As far as my knowledge goes there are two types of defamation case, Civil and criminal. I want to know the detailed procedures to file defamation case. Which court like lower court or high court I have to file. What amount of money I can demand from the company ? How much money is required to file and fight this case ? How much time it may take ? Since the corporate is very powerful can I demand security from the court ?
Asked 5 years ago in Criminal Law
Religion: Hindu

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10 Answers

As far as my knowledge goes there are two types of defamation case, Civil and criminal: Correct

First, send them a legal notice and seek damages/compensation from them to cover the loss suffered by you in terms of the dent/damage caused to your reputation.

If they do not pay you the damages despite this notice, file a suit for defamation. To do this you will have the take legal assistance from a local lawyer. This case will be filed in the lower curt. Lawyer's prof. fee varies greatly from one lawyer to the other and this case may take anything between 2-4 years till it's final disposal.

The above is all about defamation as a civil wrong and the remedy against it.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hello,

Criminal defamation means lodging an FIR against the concerned person for maligning your image and the same will not make you liable to get any compensation.

Also, note the filing a civil case for defamation and claiming damages will get you compensation. The same will be filed in the civil court of competent jurisdiction, you may claim any amount that you deem fir there is no formula for the same.

What is the prove that they have maligned your image?

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

The defamation case under civil law is filed with the civil court of competent jurisdiction where you can claim damages based on monetary terms. You have to claim damages for loss of your reputation and based on that court fees is to be paid in court.

A criminal defamation can be filed through private complaint with magistrate under section 499 and 500 of indian penal code. There is no court fees in criminal matters expect ticket fees.

The procedure in civil court and criminal case take time they can go for 2-3 years and fees of lawyer is also needed to be paid.

Yes if you have fear then the injunction against them can be seeked.

You can calculate and demand around according to your damage in image like 50 lakh or more.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There are two ways to do so- simply go to the police station along with the detail and file a FIR under section 500 & 406 of IPC for defamation and criminal breach of trust.

If police don't help you you may file a criminal complaint in the court of your area in the same section and court may order FIR in this case and order enquiry.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1) obtain copy of police compalint filed by company

2) issue legal notice to company to with draw false and defamatory allegations made against you

3) if company refuses file complaint before magistrate of criminal defamation under section 500 of IPC

4) your colleagues would have to give evidence about defamatory statements made by the management of company

5) you can also file civil suit for damages

Ajay Sethi
Advocate, Mumbai
89067 Answers
6359 Consultations

5.0 on 5.0

Filing defamation and proving the same will take you years and hiring a lawyer and going with the case can lead you to bankrupt. Do you have documented evidence of your abovementioned statements made.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Sir,

My answers are as follows:

1.As far as my knowledge goes there are two types of defamation case, Civil and criminal.

Ans: Yes. Civil Suit can be filed under order 7 rule 1 of civil procedure code, 1908. And Criminal case can be filed for the offences under sections 499 and 500 of Indian Penal Code, 1860

2.I want to know the detailed procedures to file defamation case.

Ans: Your advocate will prepare a complaint under section 200 Criminal Procedure Code, 1973 and file before the Magistrate Court. (ACMM Court, Bengaluru)

3.Which court like lower court or high court I have to file.

Ans: Civil case to be filed in Civil Court and Criminal case to be filed in ACCM Court and not in High Court.

4.What amount of money I can demand from the company ?

Ans: You can claim any amount from Re.1 to Rs.One crore, but you have to pay court fee at 7.5% on claimed amount.

5.How much money is required to file and fight this case ?

6.How much time it may take ?

Ans: To issue summons in both cases requires 15 to 30 days.

7.Since the corporate is very powerful can I demand security from the court ?

Ans: You may seek private security only.

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Central Government Act

Section 499 in The Indian Penal Code

499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputa­tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgrace­ful. Illustrations.

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Section 500 in The Indian Penal Code

500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

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Section 200 in The Code Of Criminal Procedure, 1973

200. Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-

(a) if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re- examine them.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

1.If there is a vilification drive by words spoken or written without any basis with a sole motive the tarnish the public image of a person to bring disrepute then the actions can be both libel and defamation.

2.All Such actions are both actional wrong in both civil and criminal jurisprudence.

3. In civil case you can file suit seeking pecuniary damages.

4.under criminal jurisprudence you can file complaint case under section 499.500,506 of IPC.

5. The act of company officials comes under the purview of such law and hence they can be prosecuted both civilly and criminally as stated above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

1. In civil defamation u can claim monetary relief.

2. It would be filed before Civil Judge (Sr. Div.)

3. That is up to u to decide how much ur social reputation had been tarnished.

4. The expenditure depends upon ur claim & the lawyer u choose.

5. Time taken is impossible to be said.

6. Yes u can

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

First of all you should have substantial material to file a defamation case against the company.

The rumours and hearsay information on this subject will not be sufficient to file a defamation case.

For defamation case, you may have to pay the court fee differently for civil and criminal defamation cases accordingly.

The court fee and the lawyer's fee may be enquired form the lawyer who you would be engaging for this.

The time taken for disposal cannot be predicted.

The court will not provide security

T Kalaiselvan
Advocate, Vellore
79229 Answers
1617 Consultations

5.0 on 5.0

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