Making false allegations of threat is clear case of defamation. File a private complain in the Court of District and Sessions Judge as the offence is not cognizable police have no power to accept complaint. Punishment is 2 years jail. Complaint is to be filed under Section 500 of Indian Penal Code, 1860 enclosing list of witnesses. After filing of complaint Court will examine the complainant and summons will be issued to the accused. Defamation can be proved through witnesses who saw and heard the accused making defamatory statements. A complaint can be filed by father, relative or you can also file complaint through GPA. Draft GPA in favor you relative on 100 rupees bond paper or even on white paper take SPA to Indian consulate and get it attested which they will readily do. Now due to pandemic walk-ins to consulate are suspended you get attestation online. Send that SPA to your named relative he can appoint lawyer and file a complaint in the Court.
False accusations and defamation
Hi, My father 65 years old is being accused by his brothers son's family, the accusations are being laid out in front of a Samaj run by our caste. This was brought to my notice by some Samaj members. The accuser is also openly saying in front of the caste Samaj committee that if him or his family do anything to them then they would hold my dad responsible.My dad has not spoken to him since 7 years as the accuser left the family to get married against family wishes. When the accuser left the house it broke his father emotionally and he passed away within a year and ever since my dad doesn't speak to him. I do not want to be in a situation where someone openly in front of any Samaj falsely accuses my dad and if the accuser or anyone in his family does any harm to themselves then I do not want my dad to be responsible for it. I am seeking my options here as I want to take precautionary actions to protect my dad, who is a heart patient and also suffers from clot. Please advise.
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Thank you so much for your prompt response. I want to do the below; As a first step, I would like to submit a note to local police station on my father's behalf stating that his brother's son is accusing him of various things and threatening self harm to himself and his family with intent of blaming my father, Is this possible ? Once I do this, it will atleast be recognised by the police and they would be made aware of the matter. Secondly, can I file a send a defamation notice on behalf of my father ? He is not in best of health to deal with any of this non sense and I would like to follow up on this matter on his behalf without his knowledge.
Your father can file NC with local police station regarding false accusations made by brother family
issue legal notice to them to with draw false allegations made against him
You can file NC with local police station
your father can engage lawyer to send legal notice
What was the accusation that was leveled by your father's nephew against him?
If it was a defamatory imputations then your father can issue a legal notice to him asking for his explanation to show cause why a criminal defamation action should not be taken against him for defaming his name and reputation in the public with an intention to spoil his name in the society.
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, to defame that person.
This notice can be followed by a private criminal complaint under section 500 IPC before judicial magistrate court if he is not apologizing.
You cannot take any legal action on behalf of your father including lodging a complaint with the local police about that person's threats or issuing a legal notice.
You have to involve your father and he should be in the knowledge of all actions being taken in this regard otherwise no case will be maintainable.
Your cases on behalf of your father, without his knowledge, will not be entertained by court.
- 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.
- Your father has a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect him.
- Your mentioned details are amounts to Defamation, and a criminal case can be filed.
- He can also file a civil defamation case, for claiming compensation, after paying court fees.
- Your father should issue a legal notice to them for the said defamation and thereby ask them to apologize in front of Samaj , and mention that in the event of not complying the legal notice , your father will be bond to take legal action and also for defamation.
Dear Sir/madam,
1. Yes, you may keep the police informed
2. Yes, you may file a case for defamation under tort or even criminal defamation. Defamation under tort will entitle you to compensation and criminal defamation would entitle the accused of imprisonment.
Thank you,
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Thank you everyone for your responses and I have decided to proceed with the below actions: 1) Keep the local police informed about what is happening so that if anything untoward happens with my dad's nephew then no one can blame my father. I would also inform the local police in the letter that if his nephew or anyone else tries to defame him in any samaj meeting then he will pursue defamation suit in the future Can I please get someone to assist me with this please? How do I proceed with writing a proper letter to local police and how to I file it? Any lawyers from Hyderabad who could help me in this matter please? Thank you
You can get the assistance to draft the complaint letter to the police based on the information you may furnish through a lawyer online.
It is not necessary for a lawyer has to be based out of Hyderabad only to assist you in this matter.
You can choose any lawyer of this forum or one from your local or Hyderabad thorough your own sources.
You can contact me for letter to police station through linkedin
There are number of lawyers on this website from Hyderabad contact any of them
You should just state facts of your case in your letter to police . Mention date and time when accusations were made in front of samaj members
obtain acknowledgment from police
- Yes, it is better to give compliant as information to the local police for his safeguard.
- You can engage any lawyer of this website.
1. The cause of action does not call for filing a Defamation Suit as yet.
2. Your father should lodge a police complaint alleging that the said person is harassing him and threatening him of dire consequences.
1. The said police complaint can be lodged.
2. The defamation suit shall have to be filed by your father and not by yourself.
1. It will be appropriate if your father lodges the said complaint in your place since you were not present in the scene at all.
2. The allegation should be that he is harassing your father and threatening him that he will cause damage to your father.
3. The drafting of the said police complaint is to be made very carefully.
Dear Sir,
1. Yes it is best to always keep the police informed.
2. Yes sir, you may file a suit for defamation.
3. Our firm is based in Bangalore, so I am sorry to we shall not be able to handle the matter.
Thank you