• Whatsapp derogatory comment

Whatsapp derogatory comment in whatsapp group is a crime? How to respond to those comments as per legal method and what is the course of action.
Asked 6 years ago in Criminal Law
Religion: Hindu

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12 Answers

It is illegal. Complaint can be filed against the said person for the offence of defamation. Both civil as well as criminal defamation case can be filed simultaneously. According to section 499 of IPC, 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, is said, except in the cases hereinafter expected, to defame that person. Maximum punishment for the offence of criminal defamation is 2 years. In a civil defamation case, a person who is defamed can move court and seek damages in the form of monetary compensation.

Also, complaint can be filed with the police under the provisions of section 66 if IT Act.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Depends on nature of comment. Not all kind of comments whether in public/private or through social media attract criminal offense.  

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

anything sent on what's app which harms the reputation can definitely come under purview of defamation (backed by S. 66 IT act and Indian evidence Act) Punishment is imprisonment up to 2 years or fine or both. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

issue legal notice to with draw false and defamatory statements made against you and tender unconditional apology 

 

2) file complaint of criminal defamation if accused refuses to with draw defamatory statements against you 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

See you can serve the said person with legal notice of defamation and then on notice if he fail to give a public apology and damages.

You can file a suit for recovering damages and a complaint directly with magistrate for defamation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear sir, 

If someone has published something derogatory to your reputation then the appropriate cause of action is to file a defamation case(either civil or criminal defemation). Apart from that it will be advisable to you that you send a legal notice stating to tender a written apology otherwise appropriate proceedings will be initiated against you. 

 

You can contact me for consultation and sending the legal notice. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
969 Answers
2 Consultations

Only IPC sections can be invoked including defamation case

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Hello,

If you are a girl then IPC as well as it act will apply , otherwise the same will fall under the provision of it act 

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Simple answer is no . Because posting a message in WhatsApp group can not be treated as an act of publication which is the vital element of defamation.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

What is the derogatory comment that aggrieved you, if you consider the same as derogatory, then you may send a legal notice to the offender asking his explanation or else you can sue him under section 500 IPC

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Take screen shot of messages. 

Send legal notice to sender for apology and compensation for damage.

If the person refuse to compensate file suit against him. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Offensive WhatsApp posts can now land group administrator in jail

If any statement is made by a group member which is fake, can cause religious disharmony, or rumour, the group admin must deny it on the group and remove the member from the group, the order said.

"In the event of inaction from the group admin, he or she will be considered guilty and action will be taken against the group admin," it said.

Such a post must also be reported to the nearest police station so that action can be taken against the member under the law, it said.

The order, issued yesterday, says while freedom of expression on social media is important, it also comes with a responsibility.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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