Yes if the same is a false fact and the video was uploaded without your consent then you can take action against him by filing complaint with cyber crime

Issue legal notice to person who posted video to withdraw false and defamatory statements made and tender unconditional apology 

2) if he refuses file complaint of criminal defamation against the said person 

Given the situation you've described, there are potential legal avenues you could explore regarding the video published on social media. Here's a breakdown of possible claims under Indian law:

1. Defamation:

   • What it is: Defamation is a statement that harms someone's reputation. In your case, the caption "Drunken car driver hit several cars and bikes was captured by crowd and handed over to police" makes serious allegations that could damage your standing.

   • Elements to prove: To succeed in a defamation claim, you generally need to show that:

     • The statement was published (i.e., seen by others, which it was on social media).

     • The statement referred to you.

     • The statement was false.

     • The statement caused harm to your reputation.

   • Why it applies here: The statement alleges you were drunk, hit several cars/bikes (which you dispute, stating you hit one bike that suddenly entered the road), and were "captured by crowd and handed over to police" (which is also contested as you were driving to the police station). If these claims are false and damage your reputation, it could be a strong case for defamation.

   • Legal Action: You could file a civil defamation suit for damages, and/or a criminal defamation complaint under Section 499 and 500 of the Indian Penal Code (IPC).

2. Misinformation/False Light:

   • While not a distinct law like defamation, publishing false information that portrays you in a negative or misleading light can be part of a defamation claim or an argument for the severity of the reputational damage.

3. Harassment/Intimidation (if the actions of the crowd led to this):

   • The act of people following your car, blocking it, and taking your video, especially if it was done in a threatening manner, could potentially be seen as harassment or intimidation. While this might not be directly against the person who published the video, it could be relevant to the overall incident and your experience.

4. Privacy Violation (potentially, though less direct than defamation):

   • While India has recognized the right to privacy, simply taking a video in a public place where an incident occurred might not be a strong standalone privacy violation claim unless it was done in a highly intrusive manner or with malicious intent beyond simply documenting the scene. However, combining it with false allegations in the caption strengthens the defamation aspect.

Steps you should take:

1. Gather Evidence Immediately:

   • Save the video and posts: Take screenshots and download the video from all platforms where it's published. Note down the URLs of these posts and the profiles of the publishers if possible.

   • Witnesses: If anyone was with you or witnessed the incident, get their contact details.

   • Police Report: Crucially, if you haven't already, file a First Information Report (FIR) at the police station regarding the accident. In this report, clearly state your version of events: that the bike suddenly entered the road, you stopped, the crowd became aggressive, you drove to the police station to surrender, and that you were followed and falsely accused in a social media video. This police report will be vital evidence that your version of events contradicts the social media post.

   • Medical Records (if any injuries): If you sustained any injuries from the crowd, get medical attention and records.

   • Damage to Car: Document any damage to your car.

2. Consult a Lawyer: This is the most important step. An experienced lawyer specializing in civil and criminal law can:

   • Advise you on the strength of your case.

   • Help you draft and file a legal notice to the person who published the video, demanding its removal and an apology.

   • Assist in filing a civil defamation suit for damages.

   • Help you file a criminal defamation complaint with the police or directly with the magistrate.

   • Guide you on other potential legal actions based on the specific facts.

3. Cyber Cell Complaint: You can also file a complaint with the cyber cell of the police regarding the online defamation and misinformation. They may be able to help identify the person who published the video if their identity is not immediately clear.

Important Considerations:

• Truth as a Defense: The person who published the video can defend themselves by proving that their statement was true. This is why your detailed police report and evidence contradicting their claims are crucial.

• Identification of Publisher: To take legal action, you'll need to identify the person who published the video. If it's an anonymous account, it might be more challenging but not impossible with the help of the police cyber cell.

• Time and Cost: Legal battles can be time-consuming and expensive. Your lawyer will be able to give you a realistic assessment.

Given the immediate and widespread damage to your reputation, it is highly advisable to act swiftly and seek legal counsel.

- 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. 

- Lodge a complaint against the person who have uploaded to social media , and if not know him then also can also lodge a complaint. 

If you have identified the person who circulated this video, then you can issue a legal notice to him demanding the explanation for defaming you in public based on false allegations and demand an unconditional mapology.

Failing to respond you may file a private criminal complaint against him under section 499/500 IPC for the acts of defamation and can seek other reliefs too as per law. 

You can file civil suit for defamation against the  person  that took to video and claim damages, you can also file criminal complaint against him for defamation. First file criminal complaint  and then file civil suit claiming damages.

Yes, you have the right to take legal action against the person who posted the false video. If the video falsely claims you were drunk and caused multiple accidents (which is not true), it amounts to defamation under Section 499 IPC and is punishable under Section 500 IPC.

You can:

File a criminal complaint for defamation.

Also complain under IT Act, Section 66A/67, and request police to get the video removed.

Send a legal notice asking them to delete and apologize publicly.

Ask the social media platform to take down the video for misinformation and harassment.

Hi,

Yes, you can take legal action against the person who published the video by sending legal notice. If not answered you can file case against him for removal of the video including compensation.

If there is truth in the video and publication then no legal remedy lies. Only against false /fake video or against false propaganda restraint order lies. 

However if you surrender and face a prosecution then you can apply for removal of this video by the order of the court.

Yes, you have legal recourse. Publishing a video with false and defamatory captions constitutes defamation. You can file a criminal complaint for defamation against the uploader.

Additionally, you may send a legal notice demanding removal of the video and an apology. A complaint can also be made to the cyber cell and the social media platform for takedown under the Information Technology Ac.

Maintain evidence of the video, its publisher, and its circulation. Consult a criminal and cyber law expert to initiate appropriate proceedings.

Pls connect for further help 😊

You have a valid basis to initiate legal action against the individual who uploaded and circulated the misleading video on social media. The video falsely accuses you of being intoxicated and hitting multiple vehicles, which, if untrue, amounts to criminal defamation under Section 499 of the Indian Penal Code and is punishable under Section 500. Since the content has caused damage to your reputation among your family, friends, and the general public, you may also pursue a civil defamation suit seeking monetary compensation for the harm to your reputation.

You should immediately preserve evidence of the video, including screenshots of the post, its URL, and any details about the uploader. You may send a legal notice to the uploader demanding the removal of the video, a public apology, and an assurance against any further circulation of defamatory material. If the uploader refuses to comply, you may proceed to file a criminal complaint before the Magistrate for defamation and also lodge a cybercrime complaint under the Information Technology Act for misuse of digital platforms and spreading false information.

You should also consider filing a complaint with the platform’s grievance officer to seek removal of the video from social media. If you voluntarily underwent any medical test to establish sobriety, those reports will serve as critical evidence to refute the false claims made in the video.

If the crowd’s actions involved unlawful restraint, intimidation, or assault, you can also file a separate criminal complaint against the individuals involved under relevant sections of the IPC.

You are advised to act promptly to safeguard your rights and prevent further damage. You may contact me for any further legal assistance or to initiate appropriate legal proceedings.

Have they registered any case against you?

G.Rajaganapathy
Advocate
High Court of Madras

Dear SIR/MADAM, 

It is suggested that you may file a case of defamation against the said video and its' owner (of social media posts). 

Dear Client,

• Is there any change to take legal action against the person who published the video on social media?

Yes, you can legally proceed against the persons who published the video. Section 356 of the Bharatiya Nyaya Sanhita outlines the offence of defamation. It punishes anyone who damages another person’s reputation through words, signs or visible means. Since the caption of the video is factually incorrect, made without proof and made with reasonable knowledge that it will cause harm to your reputation, it establishes a clear case of Defamation.

Legal principle: Section 356 of BNS.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you