• Defamation

my father in 1996 sold a property non registered deed that buyer trying to acquire neighbour 25*30 site I lodge a complaint against him to clear the site they told meto clear yourself so I was entered my father's site protecting by putting fence while I cleared buyer's wooden fence by usingtools while the buyer had taken my still photos and lodge criminal case on sec [deleted]and 34 but property is revenue land in my father's name I am state employee can I lodge criminal or defamation case against them
Asked 4 years ago in Criminal Law
Religion: Hindu

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9 Answers

Where the person lodged a false FIR against an Individual, that individual may u/s 182 of IPC file a complaint with the police officer with whom such FIR has been lodged or to his Senior police officer, who is empowered file a case against such police officer who has lodged the FIR before the Magistrate court.

2) you can also file complaint against complainant for criminal defamation for filing false complaint against you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

yes you can file criminal complaint and civil defamation case.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. No defamation case will lie against your neighbour.

2. Non registered sale deed is not acceptable as per law for transferring the title of a property.

3. You can lodge a police complaint against your neighbour for trespassing in to your land and for destroying your fence.

4. Please note that he also can lodge a police complaint against you for destroying his wooden fence without due process of law..

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Hello,

There are three main ingredients of the offence of defamation

(i) making or publishing any imputation concerning any person;

(ii) such imputation must have been made by-

(a) words, either spoken or intended to be read; or

(b) signs; or

(c) visible representations.

(iii) such imputation must be made with the intention of harming or with the knowledge or with reasons to believe that it will harm the reputation of that person.

If the above are fulfilled then you may file the case. In light of the limited facts told by you I am not in a perfect condition to give a concrete opinion.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

A government servant is not barred from lodging complaint but he must intimate the same to the higher officers. Secondly if a government servant is in jail for more than 48 hours then he will be suspended. Thirdly you have done a good thing because most of the people in Bengaluru acquiring properties illegally and with the help of police. They are trespassers and you can lodge complaint against them and not they. The FIR against you if any can be quashed by HC.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

This is a land dispute and there is no definition so it will be a good idea to fight the case on the ground which have some merit

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

You make use of following settled law of the land

1) Defamation cases are of two types, criminal and civil.

2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, then b suit lies. Court fees are required to be paid as per value of damages caused to reputation.

3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.

Here, court fees are NOT required at The level of a civil case.

At the end of case, court punishes offender if defamation is proved.

3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.

A Simple Guide to Understanding Civil and Criminal Defamation

There is a lot of interest about defamation law in India right now as Supreme Court asked Times Now to pay INR 100 crore damages for defamation and Arvind Kejriwal is in judicial custody following refusal to seek bail. Utkarsh Agarwal from NUJS explains what is defamation and various legal aspects related to defamation law. Over to Utkarsh.

Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. If defamation occurs in spoken words or gestures (or other such transitory form) then it is termed as slander and the same if in written or printed form is libel. Defamation in India is both a civil and a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, non-congnizable and compoundable offence. Therefore, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed). The accused also has a right to seek bail. Further, the charges can be dropped if the victim and the accused enter into a compromise to that effect (even without the permission of the court). Defamation as a criminal offence is listed under section 499 of the Indian Penal Code. The punishment, mentioned under section 500, can extend upto simple imprisonment for a term of two years, or with fine, or both.

Defamation as an Offence

There are certain basic requirements for a successful defamation suit:

First, the presence of defamatory content is required. Defamatory content is defined as one calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule. However, the test for such content is the ordinary man test where meaning of the content is considered to be what a common, ordinary man will comprehend it to be.

Second, the claimant should be identified in the defamatory statement. The content must be clearly addressing a particular person or a very small group for it to be defamation. General statements like “All lawyers are thieves or all politicians are corrupt” are too broad a classification and hence no particular lawyer or politician can consider it to be personally attributed to them. Therefore, such statements are not defamation.

Third, there must be a publication of the defamatory statement in either oral or written form. Unless the content is published – made available to someone other than the claimant, there can no defamation. Under a civil suit, once all these conditions are satisfied, a defamation suit subsists, and the defendant has to plead a privilege or take up a defense. If the defendant fails to do so satisfactorily, the defamation suit is successful. Under a criminal suit, intention to defame is an important element. In the absence of intention, the knowledge that the publication was likely to defame or is defamatory becomes essential. All this is further subject to the normal standard of proof in criminal cases: beyond reasonable doubt.

is this defamation?

Some Common Defenses to Defamation

Truth

As a general rule, it is not defamation to impute anything, which is true, concerning any person. In India, truth is an absolute defense in Civil Cases however; in Criminal cases, the true statement must also be an imputation for public good. Therefore, irrespective of the intentional of an individual, no defamation suit can be brought against someone if he imputes something true (and for public good under section 499, IPC).

Privilege

Individual may be protected from claims of defamation under tort or even criminal defamation by a privilege conferred on them by law. Absolute privilege irrespective of intention to defame is conferred upon Government officials, Judges and other such public officials in discharge of their public functions by the law. Journalists are however given Qualified privilege, valid only if made without the intention to defame. Exception 10 under section 499 IPC further expands on this and allows exception for good faith imputation to caution other or the public.

Fair Comment

In case of defamatory opinions, the exception of fair comment is allowed. The publication has to be clearly expressed as an opinion and should not mixed up with facts. Also, the opinion should be one that a fair-minded person is capable of holding such opinion even if the reasoning is illogical. These are the broad categories of defense under Defamation. There is a lot of other categories which are generally offshoots of these broader

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No defamation case is maintainable.

You may have to first challenge their case on the basis of merits and documentary evidences in your support.

You say that your father has already sold the proeprty to that person then why did yo interfere in his property?

You are a government servant hence you should have exercised abundant caution while involving in such controversial issues.

You may try to solve the dispute amicably or else it may even endanger your job.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) If property is still on your father's name and it has be inherited now on your name than you can file.

2) Yes, you can file false, fraud and fault case against them plus 420 IPC.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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