Hello,
Your case don't attract the provision of defamation and any other offence as of now. Try to avoid any confrontation and stop interacting with them.
Regards
Defamation case
My brother have an Affair witha girl, her past is not good (as she had many physical relations). In the day of Durga-Saptami, brother went out with his two friends(male) and had drinks till night 1:00 am. In the mean time one of female friend of brothers girlfriend called him to drop us (there are two girls) home as we unable to get any transport,( whether she had a boyfriend in local area). My brother went. Drop one, another one is doing some mischievous behavior. Brother told her not to do that but that incident goes to argument and that girl recorded all that conversation and give it to brothers girlfriend. Girlfriend came home and make a disaster, my mother and father very soft and polite they don’t even think this type of incident. They just speechless, they can't take the insult. they became distressed. Now the girls boyfriend come to scene that you have molest my girlfriend, giving threat. But brothers girlfriend didnot go to settle the case or make it solve anyway, with mutual understanding. She says I dont have any relation with that girl ( but i got information they are friends about 10-13 years), so I will not go. You and your mother go to solve it. My mother go and make it solve in mutually, apologised to that girl. And after that girl go to by brothers girlfriends home., they talk more than 30 minutes in closed room. ( this fact already disclosed by my brother's girlfriend). This is a conspiracy I understand. I want to file a case of defamation. But afried of that recorded audio. If they filed any case of molestation then what to do. If there is anything further discuss please let me know. I want to suffer them as they insult my family.
Asked 6 years ago in Criminal Law
Religion: Hindu
16 Answers
How can i know the solution of my discussed problem..?? Through email??
Asked 6 years ago
For defamation you need to prove everything and you don't have any evidence. You can file a complaint of threatening and harassment to the senior citizens. They may file false molestation case you need to contest. Can't talk about audio as I dont know the content. You can call me through kaanoon i can assist you more through telephonic consultation
Don’t file any defamation case
2) audio recordings will go against you
3) in the event girl files case against you for outraging her modesty you will end up running around courts for years
Already advised you against filing defamation case
don't file defamation case when dispute settled amicably then why are you going to file defamation. they have recording maybe they can file other cases against you. .
replied..
No defamation suit of such incident. Just make silence, don`t air the incident, with time things will resolve, only stop responding. Otherwise if that girl files a false FIR of molestation, your brother will be in trouble.
Black mail sought of situation may also arise to settle dispute out of court.
What is there in video, she may be trying to get closer and brother detached her, if this is in video, positive for your brother.
Ask your brother slowly start making distance from all, good for future.
As far as possible try to settle the issue amicably and get out of the crisis immediately.
If you plan to initiate any steps for any legal action namely defamation case or any other thing, then she may once again conspire with each other to foist false cases against everyone, which will become a stressful life for another two to three years, this may even harm or ruin your future especially if you are looking for a bright career and future.
Dont be agitated over such incidents, because these have happened when you people were not in control or consciousness hence you may not be able to defend your interests when it becomes a legal dispute standing for trial before a court of law.
If you insist for a legal solution then you should be prepared for the legal repercussions or retaliations from their side, they will be provoked over the steps you may intend to take in this regard, therefore think it over properly, take wise decision at a right time.
Filing a case is not a solution, dealing with it calmly is obviously a solution with help of lawyer
- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.
- You have a legal right to live in the society peacefully and respetfully. Law of the land is bound to protect you.
- Your mentioned details are amounts to Defamation , and a criminal case can be filed.
- You can also file a Civil defamation case , for claiming compensation ,after paying court fees .
- Since, she is having recorded audio , then there may be chances of reaction from her side as well.
- If you will file a defamation case or lodge a complaint against her , then there is possibility , that she may also counter attack on you.
- Better, to resolve the issue amicably.
See in such cases there is no use of filing a defamation case as she will take truth as defence and present the video and further to counter defamation case she can file a complaint of harassment which can lead further issues so therefore in my view it can be mutually settled so it would be better. Further in case there is nothing personally said against you or you are not defemed there is no locus with you to file the case.
Answer shall be posted here .
You should lodge FIR against girl friend of your brother and her friend and his boyfriend for blackmailing for extortion by threatening for false cases and defamation.
And if you only want to file defamation case then you should send them a legal notice before proceeding further but this may trigger them to file FIR against your brother.
1. Defamation is easy to file but very difficult to prove. You have to firstly prove that the imputation was defamatory and thereafter that it was published, meaning thereby that it was heard or read by a third party.
2. To prove publication of defamation you have to either examine an independent witness or show that it was heard or read by a third party,
Your parents can file defamation case especially your mother but that video of your brother will be give trouble to your brother only.
