• Defamation case

I recently politely refused to participate and contribute in my society's Ganpati celebrations. My concerns are that people are being forced to pay, and neither do I appreciate a group of 10-20 people turning up at my door for collection.

I posted my lack of interest in participating, and wished the ones interested to participate in the festival via the society whatsapp group. As a result an individual made false allegations on me:
- He said that i'm stealing electricity from the society parking area to charge my bike, and somebody caught me doing so (I have evidence of this on whatsapp). The fact is that my bike has a removable battery that I charge at home, and never used the society electricity. The society also has CCTV cameras.
- He threatened me of action in the society by people voting against me, and thus causing issues for me in future.
- In the past (over phone), he said that I'm not Indian for not participating in society events, whereas he is Indian since he participates (I don't have evidence though, except my word).

Please advise if I can file a defamation case? Do I need to file a police complaint before, or can file defamation in court directly?
Asked 7 years ago in Criminal Law
Religion: Christian

2 answers received in 10 minutes.

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16 Answers

1) issue him legal notice to with draw false and defamatory statement made against you and tender unconditional apology

2) if he refuses file complaint of criminal defamation against him under section 500 of IPC in magistrate court

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir You can serve the legal notice to the person for defaming you and asking him to apologise and pay compensation for defamation.

Further a criminal private complaint under section 190 and 200 crpc for offence under section 499 ipc can be filed with the jurisdictional magistrate and a civil suit can be filed in the civil court

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Cleint,

His act comes under definition of Nuisance and Deliberate and malicious acts, intended to outrage religious feelings.

This also offense of committing 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 amounts to defamation.

For civil defamation and compensation, than through court and and for criminal defamation FIR ( court complaint or directly to police)

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello

The allegations which have been put are baseless and have nonbearingbto the truth. They're harassing you as you are not participating in the cultural events. You should file a complaint with the police. The defamation case is separate proceeding and should be filed later before magistrate.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Police complaint is not require a private complaint can be filed with the jurisdictional magistrate . The magistrate Shall take cognizance of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Nothing mandatory, you can opt for civil defamation directly through court. Reason for Advising police complain is than police will investigate the matter and procure evidence of defamation and than civil court will be at ease to reach to the conclusion on the basis of evidence procure by police while investigation.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

In a Defamation case....first post a complaint to the local police station...if they do not register

The fir....then..... .proceedings should be initiated by you before a magistrate u/s 156 3 of the croc. The magistrate shall take cognizance and issue a summoning order.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. If these allegations are wild and without any semblance of doubt and made published a group then the acts are defamatory in nature.

2. So in other words for belittling your public image for causing damage to your repute in the eye of pubic in general you can seek legal recourse .

3. In the legal remedy you can file civil suit for defamation calming compensation and criminal case seeking their punishment.

4. To file a complaint case in court there is no mandate to lodge complaint with police.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

There is two mode for filling defamation case(1)to file petition before local Police for fIR(2)civil suit for which notice is required before filling plaint,and court fee is payable as per quantum of damage caused by such defamation

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It is not mandatory for you to file Police complaint before filing defamatory case in court

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like intimidation, fraud, spreading false rumors, disrupting peace against this person, supported with all relevant documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

This is my response to you:

1. Yes you will need to file an FIR under section 500 of IPC;

2. That is the criminal offence;

3. You can also file a civil case in the civil court and claim damages for insulting you;

4. Defamation is both a civil and criminal case.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Please advise if I can file a defamation case? Do I need to file a police complaint before, or can file defamation in court directly?

If he is spreading false rumours against you then you may issue a legal notice demanding his unconditional apology for spreading false rumours about you and also to refrain himself from indulging in all such illegal activities against you.

Besides you can also lodge criminal complaint against him for his hate speeches against you and also for creating nuisance to you by all such false information.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

I spoke with a local Maharashtra lawyer, who said that I need to file a police complaint, before a defamatory case in court. Is the police case mandatory in Maharashtra?

A legal notice is mandatory for filing a defamatory suit against him.

The police complaint is different to this,

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can sue the society members for criminal as well as civil defamation in court for which we do not need to lodge any police complaint as it is not required in the case of defamation.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Their Actions of maligning your reputation by way of false and fabricated comments in you to satisfy the basic ingredients for defamation case.

Police complaint is not required in Maharashtra for defamation cases

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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