• Defamation on Facebook

Someone is defaming me and my family on facebook with our photos and calling us frauds and tagging our friends and relatives. How to deal with him. We owe him money but after all this we dont want to give him a single penny. Legal advice needed.

thanks
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 1 hour.

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25 Answers

hello

a complaint against this act of that person should be lodged before a magistrate u/s 156(3) of the CrPC, the magistrate will issue summoning orders against him and if he finds the complaint genuine, he will direct the police to register an FIR and start the investigation.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

you first contact your local police station and tell them what happened with you, depending on the severity of the crime, it will be investigated by special cyber crime investigation cell. you can also lodge a complaint through official twitter account of cyber police ..

give specific details of all the facts and the message/material which is offending.

Get a soft copy or snap shot and and print out of the same and enclose the same along with the complaint

while filing complaint -One may need to provide name, mailing address & telephone number along with an application letter addressing the head of a cyber crime investigation cell when filing a complaint.

Superintendent of Police, Cyber Crime Investigation Cell,

Central Bureau of Investigation,

5th Floor, Block No.3,

Lodhi Road, New Delhi 110003

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Take screenshot of the same and file FIR before concerned police station.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Issue legal notice to said person to withdraw all false and defamatory allegations against you and your family to tender an unconditional apology

2) if he refuses file complaint of criminal defamation against the accused

3) also file civil suit for damages

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Concerned,

Firstly - IF the money you owe to him has been paid in cash and has no record - in such a case dont take / accept the liability

Secondly - File a complaint along with scree shots of the defamation with cyber cell , as well as with the local police station concerned.

Best of Luck.

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

1. It s defamation by words written on electronic medium which is no less an offence as mentioned in section 500 crpc.

2. So you can file a case in the court of Magistrate u/ 200 crpc and initiate the proceeding against the accused person for offence committed u/s 500, 506 IPC.

3. Owing someone money does not give right to the creditor to defame his borrower.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

u can file complaint against them in cyber crime police station, if such setup not available, local police can take action under IPC and also under Information & Technology act, 2000.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Collect evidence of same file a private complaint under section 190 and 200 crpc for offence of defamation under 499 IPc with the magistrate and also you can file a civil suit for damages claiming money as damage for defamation from the said person.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. A criminal complaint case under Section 500 IPC can be filed against him for the offence of defamation.

2. To restrain him from further defaming you, you may file a suit for permanent injunction and seek temporary injunction against him. The court can grant temporary injunction even on the very first hearing.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Firslty, no one can force you to give money if even that person has given you legally also.

Secondly, as you stated that you don’t want to give money back, but as per law you can file defamation against him for sue in the same way he may also file suit for recovery of money.

Thirdly, but yes, you may get the defaming amount as per your status which would be surely more than the money which he has given to you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. Take printouts of the photos of which he has uploaded;

2. Make a formal complaint to the police station under section 500 of IPC and IT Act;

3. Also send him a legal notice to take down the photos or you will take legal action;

4. If he does not then file a civil suit for defamation against him;

5. Claim compensation from him to the tune of 2 lakhs or more.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Take the screen shots of the photos and comments on Facebook and send a complaint to the nearest police station .. then uh may file a defamation suit against him.....

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

You have two options available 1 is to file a defamation suit in the Civil Court to claim the damage inform of monetary compensation and the second is you can file a defamation case under section 500 of IPC to get him punishment now this is up to you which way you want to move

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes mention all the facts in your complaint...you can also claim compensation in your defamation suit

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

Don’t file defamation case now

2) you have no evidence of payments made in cash

3) obtain acknowledgement of payments already made

4) then only make further payments to the person in instalments

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

You can mention complete facts as the complainant and plaintiff should go with clean hands with court makes case better and you don't need to hide facts.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

no need

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

There is no need to mention anything the money which you may owe to him.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Move a complaint before the cyber cell of the Delhi Police. They will lodge a FIR and nab the man behind this episode.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes, you need to mention the dealing that was entered into between him and you.

Report the matter to the cyber cell.

Move a private complaint before the magistrate for the defamation caused to you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can issue a legal notice to him instructing him to refrain from indulging into such activities.

Failing which you may lodge a criminal complaint under cyber crime law with the cyber crime police.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

While lodging a criminal complaint you may have to reveal the entire facts and the background also.

The police may summon him and make way for an easy settlement of the balance of loan amount and may let him go with a warning to not to repeat the incidence and to follow due process of law for recovery of the same instead of indulging in such illegal activities.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. File property written complaint with documentary evidence to the Cyber Crime dept., in the local police station. Investigations will be carried and criminal prosecution will be launched, against the opposite party.

2. The Cyber Crime Branch shall not be bothered about any money transaction that you mentioned.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can take action against said person for criminal and civil defamation. In India, a defamation case can be filed under either criminal law, civil law or cyber law or in sequence.

Section 499 of the Indian Penal Code creates a criminal offence of defamation. In a civil action, the claimant needs to prove that the statements injured the person's reputation and were published.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

The standard of proof is also different in a criminal case than a civil case. Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence"

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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