Limitation under Section 468 is going against you. It is three years from finalization of complaint for filing criminal case and one for filing civil suit seeking compensation against damages. Further, the case is sorted out icc, if by sorted you mean it is settled/compromised that no defamation can be filed.
Defamation case filing timeline
Hello Experts, I need your opinion on the below: A harassment complaint was lodged against me at workplace by a female colleague in Nov 2016 which was sorted out by Internal complaints committee. I thought of filing the defamation case in Apr 2017 but didn’t do as I was working with same organization and they could have taken some action for filling the case. At that time I consulted one of the Lawyer and he suggested that my case is valid as I do have chats proof of both. My reputation in the organization went bad as I was senior also people only blamed me as culprit. Now in April 2021 I initiated the conversation with same person where in the Chat she admitted that at time she got frustrated and angry and she filled the complaint due to that. We both have switched the job and working in different organizations. Based on this can I file Defamation Case on her when now she admitted the same. Please suggest. Thanks & Regards, Kapil
Asked 4 years ago in Criminal Law
Religion: Hindu
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8 Answers
Your claim is barred by limitation
There is a period of limitation to institute a civil or criminal defamation; for civil defamation, it is 1 year from the date of the event and for criminal defamation, it is a period of 3 years from the date of the event.
Dear Client,
The time limit for filing a case of civil defamation is one year. Section 468 of the Indian Penal Code provides a time limit of three years for filing such a complaint. However, Section 473 of the Code of Criminal Procedure enables the Court to take cognizance of an offense even after the expiry of the period of limitation, if it is satisfied on the facts and the circumstances of the case that the delay has been properly explained and that it is necessary to do so in the interest of justice.
Thank you.
It's 3 years from the said clearing of charges against you for civil proceedings as well as criminal
The cause of action is reported to have taken place in the year 2016.
The time limit to file any defamation case is two years from the date of cause of action.
Just because she has now admitted to have done it then would not extend the time limit nor would enable you to file any such defamation case against her.
If at all there was any chance of the maintainability of such case you should have taken action within the limitation period and not after that.
For your personal reasons you remained silent in that period, but now your action appears to be an after thought and vendetta, which 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.
- You have a legal right to live in the society peacefully and respectfully. 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.
- However before filing the case , you can send her a legal notice for giving her time for apology .
the suit will be time barred if filed now
mere admission on whatsapp by the female will not help revive your cause of action to file the suit
Civil defamation cases can be filed within one year from the date of occurrence. As per IPC Section 468 specifies time limit for three years in case of such a complaint. But Court may take cognizance of an offense after expiry of the specified period of limitation, subject to satisfaction of court providing cogent reasons for delay.
