• Defamation and article 66a IT Act

Respected Sir
I am a government employee since 2015, but a few people/group of my society TEXT MESSAGED on the mobile phones of the relatives/other people of my society stating that I duped my IN LAWS to marry their daughter by falsely telling them that I am a government servant. As according to them I was/am a unemployed man and to state this they have used Derogatory Remarks like nikkamma, against me and circulated the message to several people ,who came over to my place asking justification for the same.
This has brought a lot of shame to me and my family and the pain caused is beyond words.
They have used a promotional bulk messaging portal bearing number 51401 for the same and the Name of the Chairman of our society (who refused to be aware of/participated in the matter,when reached out for clarification).
I want to lodge a Defamation case against these people who have brought so much disgrace to me and my family. Kindly suggest me a way for it.
Regards
Asked 3 years ago in Criminal Law
Religion: Hindu

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13 Answers

hello

        they have maligned your reputation by circulating falsehood and lies about you and therefore you should file a defamation case against them. in order to file a defamation case, engage a lawyer and he will file a defamation case in the district court, Jaipur.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

You can file a private complaint directly with magistrate against the people who circulated it and further you can file civil suit claiming damages from the person. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

fissure legal notice to culprits to with draw false and defamatory statement s made against you and to tender an unconditional apology 

 

2) if they refuse file complaint of criminal defamation under section 500 of IPC 

 

3) you can also file civil suit for damages 

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You can lodge a criminal complaint against the group admin of this group before the cyber crime police.

The group admin may be held responsible for the circulation of such derogatory or defamatory messages ruining your name and fame in the society causing you mental strain and nuisance.

After that you can find out those responsible for such defamatory messages and file a private complaint under section500 ipc as defamation case before concerned judicial magistrate court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Dear client, 

Defamation case depends on what kind of remour and remark made against you. You can file both criminal and compensation case. Further chairmen can also file criminal complain for using his name to defame you.

Court complain will file in defamation case.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As I said court complain will be best for both criminal and civil remedy and both can be file simultaneously.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You were advised to approach cyber crime police directly instead of local police.

The cyber crime police will give you cues to find out the culprits on the basis of information available.

They can easily detect the source behind spreading this defamatory messages.

If you are interested in getting justice for your grievances you may have to put your best and relentless effort.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

file FIR against unknown persons for maligning your reputation 

 

if police refuse to lodge FIR file private complaint before magistrate to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

  1. First of all you need to choose whether you desire to launch a criminal prosecution for defamation under the provisions of IPC; or you desire to sue the defamor(s)
  2. The difference between prosecution and suing is that in prosecution, the culprits ie defamor (s) will be punished whereas in filing a suit, they won't be punished but you will he entitled to seek damages (compensation) for defaming you. 
  3. Suing is civil remedy, while prosecution is criminal remedy 
  4. If you choose that defamors be punished, and the police doesn't take your complaint, you can file a private complaint with the magistrate having jurisdiction. After priliminary investigation, he will either dismiss your complaint, or, having found merit in your complaint, he will direct the police to carry the investigation and give report ie in simple terms your case will be instituted and trial will commence. 
  5. You can also move the High Court under Article 32 of the Constitution, seeking writs against the police , directing them to take your case. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1426 Answers
5 Consultations

4.4 on 5.0

Yes a FIR can be lodged at this stage and the police can track down the number further you can give name of society person as accused even if they are denying police shall carry out investigation at there part.

If police fails to register FIR file complaint directly with magistrate he can give direction and order police to investigate the issue. 

YOu should directly file a complaint with the magistrate online FIR will not do any good.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes. you can file online FIR against person name written in the message. Let him prove he is innocent in the Station or Court. 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been troubled and your character has been assassinated by few people out there in the society who claim to be doing something good for society which they are not take my words.
  2. You should write to the SHO on writing then to the SP if SHO doesn’t take it seriously.
  3. If then also no action by the authority, then I would advice you to please file a Magistrate complain under section 156(3) read with 200 of Cr. P. C. For directing the police to register the case.
  4. Once you do that then also request for the removal of those messages immediately and to block that ground permanently into your complain.

 

Rest, you can consult me through Kaanoon for further legal assistance, if require any.

 

Good Luck...

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Querist

if you do not know the real person's names and addresses who circulate the massages than who will be punished by the Court in Defamation Case so it is mandatory requirement for filing the defamation case.

 

you may file a criminal complaint against them before the Police because the matter is related to defamation hence police will registered NCR only, later on file an application under section 155(2) of Cr.P.C. for the direction of investigation and then police investigate the matter and after getting the main culprit, you may go for the same.

Section 66A of IT act has been declare unconstitutional as per the Judgment of Supreme Court in case of Shreya Singhal Vs Union of India.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

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