Sir a civil suit for claiming damages due to defemation in be filed before the court of appropriate jurisdiction

In defemation both civil and criminal remedy is there civil for claiming damages and criminal under 499&500 ipc

For civil remedy suit for damages for loss of reputation has to be preferred.

For criminal a priavte complaint can be filed against said person with the magistrate.

Well, no case for defamation lies if a civil or criminal case gets dismissed due to lack of evidence or merit.

However if the dismissed was a malicious prosecution then you can file a civil suit for damages but remember no case for defamation lies under that circumstances.

In said suit for damages you can seek damages any amount you consider you to be entitled.

If someone damages your reputation by way of slander or libel, you may have grounds to sue for defamation.

File civil suit before the court claiming damages (in defamation loss of reputation preferred)

In defemation both civil and criminal remedy is there civil for claiming damages and criminal under 499&500 IPC

If nature of the complaint is not defamatory you can't filed suit for defamation.

Whenever any information is given to the authorities and when the said authority found that the accusations made in the complaint were false, it is for that authority to initiate action under Section 182 I.P.C. The offence under Section 182 I.P.C. is punishable with imprisonment for a period of six months or with fine or with both.

Simultaneously, you can also file a civil suit for damages for malicious prosecution. The case of malicious prosecution, however would only be established if the acquittal in your case is not granted on the grounds on lack of evidence/benefit of doubt.

Yes the law provides for the suit for damages and compensation for the harassment etc you have passed through. But kindly ensure that you file the damages suit against the other party only after the lapse of the time span of filing appeal by them before the high court. In case the time span of filing appeal before high court has lapsed, you are at liberty to file suit seeking compensation and damages etc against the other party

You can p you can file a defamation petition in the Delhi High Court in this regard please find out an advocate who may help you to draught a petition as this is a civil petition for claiming the compensation

You have to file suit for damages to claim Rs 50 lakhs for maligning your reputation

2) contact a local lawyer

Sir,

You can contact through kanoon.com any of the advocates for the same.

Please get the certified copy of the suit filed against you if any orders and the dismissal.

Firslty, as per the information mentioned in the present query, makes it clear that you have been subjected to legal proceedings without any fault at your part.

Secondly, as the same trial stands over on the basis that you have come out of it clean chit.

Thirdly, though there has been a presumption that once a person filed any case against the other person and other person comes out clean then it doesn’t give the right to the other person to file subsequent case agaisnt the first person, otherwise there would be sunamii of cases.

Fourthly, but, yes if you can prove that they have conspired to bring a false case agaInst you then you may be succeeded.

1. You are free to file a criminal complaint of defamation as well as a civil suit for damages on account of malicious prosecution.

2. In order to succeed before the civil and criminal courts you will have to prove that the case was filed against you due to malice. Mere dismissal of a case does not imply that the case itself was filed with malice. Malice has to be proved strictly.

Hi, a complaint under section 200 Crpc will be filed with the magistrate .. The magistrate after being satisfied with the documents and evidence received before court can summon the accused to join the trial before court ... Before , filing of complaint it is advisable to issue a legal notice to the accused for asking the defamation amount

First send a legal notice to the person who has defamed you and seek damages.

If the legal notice fails to be of any help, file a complaint under the authority of Section 200 read with Section 190 of the Criminal Procedure Code, 1973 for the purpose of redressing the commission by the accused of the offence of 'criminal defamation‟ in terms of Section 499 of the Indian Penal Code

Dear Sir,

Kindly note that in the facts and circumstances of the case mentioned above by you, it is most significant to understand that the defamation case will most likely to not succeed. As the tenets of defamation is difficult to pursue before the court in absence of a monumental standing in the society.

Rather, I advise you to file a case of malicious prosecution, which is safe to pursue before the courts and can get you the desired relief.

Dear Sir,

Yes, you can file defamation suit against that person.

The following information may kindly be read:

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

Hello,

With respect to the defamation suit, you can file the same since the case is decided and it is proven that you are not guilty. You can also file a civil suit for malicious prosecution against the neighbor once you are acquitted in this matter.

The same will have to be filed in the civil court.

Get in touch with a local lawyer for the same.

Regards

you can file criminal and civil defamation both. But the actual advice can only be given by going through the averments of that complaint being defamatory in nature or not.

You can file a defamation case in the same court under criminal law and and also file a civil defamation suit for damages to the extent of whatever you want to claim but the claim may be justified.

You can consult with your advocate on all such further issues.