• Limitation for filing civil suit for defamation

I want to file civil suit for defamation. The incidents happened between 15th October,2020 and 18th October,2020. As per Limitation Act, there is limitation period of one year for filing civil defamation suit.

In view of  recent, Supreme Court order on limitation , when will the limitation expire for filing civil defamation suit?
Asked 1 year ago in Civil Law

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8 Answers

The limitation for filing civil suit for defamation is 1 year but if there is compensation then it becomes 3 years. 

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

suit for seeking compensation for defamation is to be filed within one year of arising of cause of action

Article 75 of the Limitation Act provides that a suit for compensation, for libel has to be filed within one year from the date of publication of the libel.

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Dear Sir,

 

The Hon'ble Supreme Court in Sou Moto Writ Petition (C) 3 of 2020, vide Order dated 25.09.2021, has suspended the limitation w.e.f 14.03.2020 till 02.10.2021, hence whatever the period of limitation you had as on 14.03.2020, you will have the same days left on 03.10.2021. However, since, the cause of action in your case is in Oct. 2020, which is within the period when the limitation was suspended, the limitation in your case, shall reckon to begin from 03.10.2021. 

 

Thanks.

Kumar Deepraj
Advocate, New Delhi
9 Answers

Not rated

- If you are going to file a criminal defamation complaint then it is only one year from the date of cause of action .

- Further , as one can claim defamation amount after filing a civil defamation suit , then it is 3 years from the date of cause of action, like any other recovery recovery suit. 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

Dear client, 

The limitation for a civil defamation suit is still 1 year.

Thank you.

Anik Miu
Advocate, Bangalore
5334 Answers
57 Consultations

4.9 on 5.0

As per the supreme court ruling,  the limitation has been extended up to 31st October 2021.

This case should have been filed by 1st November. 

 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

Based on the facts presented here, proper advice cannot be rendered. You may please engage a local lawyer and arrange to file the defamation suit.

Swaminathan Neelakantan
Advocate, Coimbatore
2121 Answers
20 Consultations

4.9 on 5.0

Dear Querist

The limitation for filing the civil suit is one year for a defamation case, as per the verdict of Hon'ble Apex Court, the limitation was stopped till 2.10.2021, and start from 3.10.21 hence you have almost 11 months to file a civil suit before the concerned court.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

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