Defamation case is a prolonged case, section 509 will apply
Defamatory words towards an elderly lady
Defamation of an elderly lady I am a 73 years old lady and couple of days back I was about to go to see my seriously sick husband at Hospital and as soon as I stepped out from my home towards my car, a lady who stays near to my home standing in front of opposite House with members of that house started throwing extremely defamatory languages along with those members of the opposite house and even they did not spare my ailing husband even and they shouted towards me in front of my daughter who accompanied to me at the Hospital and she has come to Kolkata for her ailing father only and this incident with the body language of one lady towards me got recorded in our cctv camera installed outside of my home and they were within 5 feet distance . Please advise can I file any criminal /civil defamation case against them under this circumstances ? But the cctv footage is not having audio part to prove their statements
Asked 3 years ago in Criminal Law
Religion: Hindu
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15 Answers
Issue legal notice to neighbour to with draw false and defamatory statements made against you
if they refuse file complaint of criminal defamation under section 500 of IPC
also file civil suit for damages
Defamation is to defame your reputation. Mere use some abusive language or indecent body language is not defamation.
You can file civil case for annoyance faced by you and claim compensation.
Dear Madam,
You can lodge civil and criminal complaints and get injunction order against such woman from interfering into your private life in future.
To Adv Ajay Sethi ——————-/ 1. Do I need to issue legal notice just to withdraw false n defamatory statements or along with damages ? 2. If I file civil defamation then how can I prove it as cctv footage is not having audio part , only the incident was recorded there so from that footage defamatory n false statements can not be heard. Pls advise ... Thanks & Rgds ,
Asked 3 years ago
Try to find out some witness and file civil suit for compensation for insulting.
If you file a defamation suit it may be rejected outright.
So better to drag the accused for causing injury to your dignity and self-respect.
The essence of defamation , to anticipate a term, - is PUBLICATION.
Insult per se constitute no civil wrong.
You must issue legal notice to withdraw false and defamatory statements made against you and to tender an unconditional apology
2) if they refuse then only file suit for damages and file complaint of criminal defamation
3) evidence of your daughter , husband will help you in making out a case
Dear Querist
you may file a criminal complaint against all of them under section 509 of IPC for intended to insult the modesty of a woman. read as under: -
509. Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
A civil suit for defamation can also be filed by you have to pay the court fee as per your claim.
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My daughter was the only person with me at that time while entering into the car and false n defamatory statements came towards me and the incident got recorded in cctv ...,will these suffice for filing civil suit for defamation / annoyance / insulting ?
Asked 3 years ago
Yes, It is sufficient, there is no other requirement. Oral evidence is the best evidence.
Respected Client,
Try to understand the point of law in defamation.
Four conditions should exit to constitute a defamation :
1.The statement must be defamatory.
2. The statement must refer to the plaintiff.
3. The statement must be published by the defendant.
4. The statement must be false.
In your case point no. 3 is absent.
So it does not constitute defamation.
I would advised you to file defamation case. But it would not give you any results.
If you still not satisfied with the answer you can try to file a defamation case and see the results.
you have to issue legal notice first
2) wait for response from neighbours
3) then decide your cause of action
4) you can rely upon daughter evidence to make out a case
You can file both civil suit for damages and criminal case on defamation.
Both can be instituted simultaneously.
Yes you can file both civil and criminal defamation. You will need witness for the same
The CCTV recordings are supporting evidence.
Your daughter can be a witness to the incident.
You can initite legal action for file a criminal defamation cae agaisnt them under section 500 IPC and also you may contemplate to file a civil defamation case for damages too.
you can issue a legal notice through an advocate seeking explanation and compensation from them for their defamatory acts against you.
The CCTV footage may not be of any use to you since it does not have the audio recordings, however it can be used as a supporting evidence to prove that these people were available on the spot at the time of the reported incident.
They have insulted and defamed you in public which spoiled your name and reputation in the society hence you are eligible for claiming damages for this defamatory and illegal acts of them with reliefs as per provisions of both the criminal as well as civil laws.
You can have your daughter as witness to the incident during trial proceedings.