• Can police file defamation case If I go to press on a false case they implicated on me

(Mentioned this story previously )
We (My Uncle his relative lady and myself) were going in the car. SI parked his vehicle partially blocking the road. My uncle called him 'Hello' meaning keep your vehicle aside. SI came and scolded us and took us to PS and filed (petty case U/s CP Act 70b and U/s IPC 186 obstructing public servant) on me. I pleaded guilty without knowing that I can contest.

Now I got Court copy of the charge sheet and court order, below are the details:
It has three papers 
1st paper contains 'PETTY CASE CHARGE SHEET', contains my name address other details and brief facts where SI says 'I, SI of police checking roof tops for the bandobust of home minister, the respondent was going by his car and shouted 'Rey' at him. When asked (even after showing his identity), he argued and said "do whatever you want" and obstructed a government employee on duty and caused road obstruction..."
2nd paper says (This was written by constable in the court in front of me after convincing me to change the story as he said otherwise I will go to 3 months remand)
"I Police Constable Ramulu performed BC-I area patrolling on VVIP program … one person by name Prashant parked his Vehicle on the road. I told him to remove your vehicle he do not remove the vehicle and argue with me and Obstruction of our duty".
3rd paper contains: challan amount (Rs 50 for petty case and Rs 500 for ipc 186) and "In default to suffer simple imprisonment for a persiod of 02 days for the offence....)
I have few questions regarding this case...

1. As I told in other question SI and constable have filed a false case on me (I know I cannot reopen the case at least in the same court I think) and by looking at the first and second paper both stories are different how a court can accept such information and convict me. 
Now can I take this document to higher court and say they have clearly filed a false case on me and even the lower court has done mistake in not reading the papers correctly?

2. Actually I am planning to give a press interview (my relative is in press, they have a YouTube Telugu channel) with the above charge sheet and court order which is clearly false and also with my Uncle and his relative lady that Police cannot take senior citizens and lady to PS forcefully. My question is can police file any defamation case on me or media house as I have already pleaded guilty?

3. I am also planning to use SI and Constable's WhatsApp Photos to be used in press conference can police file any Defamation case on me or media house or both ?

4. If they file defamation cases for what amount or what would be the implications

5. In the third paper it said "In default to suffer simple imprisonment..." I did not go through any imprisonment. So If I go to press will there be any issue with this, will they ask me go through imprisonment?

6. Will there be any other legal issue or any other issue if I am going to press?

Thanks.
Asked 1 month ago in Criminal Law
Religion: Hindu

12 answers received from multiple lawyers

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12 Answers

1) court has on basis of guilty plea convicted you and imposed fine of Rs 550 

 

2) don’t give any press release as you have pleaded guilty .

 

3) you are aggravating the issue by naming the police officer 

 

4) you don’t have to undergo imprisonment if you have paid the fine 

 

5) the police are given procedural immunity from any prosecution under Section 132 and 197 of the Code of Criminal procedure (CrPC). Under these sections, courts are barred from taking cognizance of any complaint or case against any police officer who is alleged to have committed an offence while discharging his duty. Prior permission of the State/Central Government is necessary if the courts have to take cognisance. 

 

6) If a person wants to file a case against a police officer seeking damages, then he has to prove beyond reasonable doubt that due to the actions of police in wrongful arrest or reckless treatment, the victim has lost his/her reputation in society and suffered severe mental agony 

 

7)you can be prosecuted for making false defamatory statements against police officer 

Ajay Sethi
Advocate, Mumbai
94741 Answers
7540 Consultations

5.0 on 5.0

1. You can challenge the Court order before the higher Court.

 

2. You can give a press interview telling the fact which will be mentioned in your appeal. Nothing will be defamatory to anybody.

 

3. & 4. Showing the photographs of the accused against whom you have already filed an appeal can not be considered as defamatory on any account.

 

5. It means that if you do not pay the amount then you shall be imprisoned for the said period. You have already paid the amount. Hence no more punishment being imprisonment.

 

6. Confine yourself to your agitation as depicted in the Appeal only and nothing more.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1. As you have admitted the offence and paid the fine amount you cannot reopen the case either before the same court nor can prefer an appeal against it 

2. The press release itself is not maintainable as you have already admitted the offence.

The police can book you for false propaganda against you as you have already admitted the offence before court but now you are spreading false rumours about uniform service personnel.

3. The police will take action against you on the above lines.

4. They will wait and implicate you in some other false cases too as a revenge to your such acts.

5. The court judgement clearly says that the simple imprisonment will be if you have not paid the fine amount.

6. Read the 4th answer above 

T Kalaiselvan
Advocate, Vellore
84942 Answers
2197 Consultations

5.0 on 5.0

1. For telling the truth no case for defamation lies.

2. Unless you have video footage of any misconduct , do not use their visual image.

3. Defamation case is non cognizable offence and is not of much consequence. 

4. Unless you have got concrete proof of their falsity , more so, when you have already pleaded guilty do not make press conference. However on your oral version a new article can be aired. 

Devajyoti Barman
Advocate, Kolkata
22828 Answers
488 Consultations

5.0 on 5.0

1. You can approach the session court against the said order of conviction /fine of that court 

2. If you have paid the fine imposed by the court , it means that you have admitted your fault , then you should avoid any act against the court or police official , except you can approach the higher court. 

3. Yes  , the said SI can take legal action against you 

4. Not fixed 

5. If you have not accepted the fault and not paid the fees , then you can opt for trail in the case 

6. Press is not a solution to solve your issues 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

No defamation is not made out in above circumstances 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

You have pleaded guilty and paid fine imposed upon you 

 

even if your uncle and relative hold press conference the fact that you pleaded guilty raises doubt about their version of case 

 

 

Ajay Sethi
Advocate, Mumbai
94741 Answers
7540 Consultations

5.0 on 5.0

1. Any body can give press interview but maximum care shall have to be taken while narrating the facts to ensure that no direct attack is launched against anybody.

 

2. It will be extremely difficult for you to prove the allegation and even if you prove that they were taken to police station, the SI can show some ground to justify his action.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

No defamation case would be maintainable even if your uncle or aunty is trying to file one.

Your emotional feelings and anxiety will not fetch you any relief.

You have already pleaded guilty hence there is no point in you giving witness evidence, it will not be entertained.

T Kalaiselvan
Advocate, Vellore
84942 Answers
2197 Consultations

5.0 on 5.0

I understand you're in a frustrating situation with the police case and considering going to the press. Here's a breakdown of your questions and some guidance:

 

1. Challenging the Conviction:

 

Reopening the case in the same court is unlikely. However, you can appeal the conviction to a higher court. A lawyer can advise on the best approach based on the specifics of your case.The inconsistencies in the police statements (SI vs. Constable) strengthen your case for appeal. A lawyer can highlight these discrepancies in the appeal.

 

2. Press Interview:

 

You can discuss the case with the press, but be mindful of what you say.Sticking to the facts in the charge sheet and court order is crucial. Avoid making unsubstantiated accusations.Defamation laws exist, but if you stay truthful and avoid personal attacks, the police filing a defamation case is less likely.

 

3. Using Police Photos:

 

Using the police officers' WhatsApp photos requires caution. Copyright laws might apply, and using them without permission could lead to legal trouble.

 

4. Defamation Case Implications:

 

If the police sue for defamation, the amount claimed can vary. The burden of proof lies on them to show your statements were false and caused them harm.

 

5. Imprisonment:

 

Since you paid the fine, you don't face imprisonment. Going to the press shouldn't change that.

 

6. Other Legal Issues:

 

There's a possibility of the police filing a counter-case for obstructing a public servant (original charge), but it depends on their actions.Consulting a lawyer specializing in media law can help you navigate the press conference and minimize legal risks.

 

 

 

Anik Miu
Advocate, Bangalore
8895 Answers
110 Consultations

4.7 on 5.0

If they are giving interviews on baisis of false facts you can seek restraining order from court 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

- Yes, they being a general public can inform the press 

- The Supreme Court of India on 22.09.2006 , in order to keep a check and to curtail the severe problem of Police violence or abuse has directed the State government and all the union territories to set up an Independent Police Complaints Authority (PCA).

- This decision was taken by the Supreme Court due to increase of complaints against the Police and lack of accountability.

- This Police Complaints Authority shall investigate against the serious misconduct of Police officials after receiving a genuine compliant, hence even you or your uncle can lodge complaint before the higher official of the police department.  

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

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