• Criminal defamation suit

Private Complaint under Sections 420,467,468,471,120B of Indian Penal Code

Order 16.10.2015 : Prosecution has failed to make out a prima facie case against the accused persons and accordingly, complaint is hereby dismissed and accused are hereby discharged. Their bail bonds and surety bonds also stand discharged. File be consigned to records.

As no appeal has been preferred against the acquittal/ discharge by the complainant, please advise me regarding criminal defamation & damages suit against the complainant.
Asked 2 years ago in Criminal Law from Hansi, Haryana
Religion: Hindu
1. You can file a Criminal Case u/s 211 of IPC is filed against complainant,

2. In the above matter, the Complainat may be imprisoned for a maximum period of 10 years,

3. Apart from the above you can also file a civil case for doing wrong to you by filing the false complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

5.0 on 5.0

Case of damages out of malicious prosecution can be filed against the complainant of this case.
However success rate of such case is abysmal.
Devajyoti Barman
Advocate, Kolkata
12502 Answers
160 Consultations

5.0 on 5.0

This can be treated as malicious prosecution also. Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. This tort balances competing principles, namely freedom that every person should have in bringing criminals to justice and the need for restraining false accusations against innocent persons. Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. The foundation lies in the triangular abuse of the court process of the court by wrongfully setting the law in motion and it is designed to encourage the perversion of the machinery of justice for a proper cause the tort of malicious position provides redress for those who are prosecuted without cause and with malice. In order to succeed the plaintiff must prove that there was a prosecution without reasonable and just cause, initiated by malice and the case was resolved in the plaintiff’s favor. It is necessary to prove that damage was suffered as a result of the prosecution.
It has to be proved that the plaintiff has suffered damages as a result of the prosecution complaint of. Even though the proceedings terminate in favour of the plaintiff, he may suffer damage as a result of the prosecution. The damages may not necessarily be pecuniary.
The damage to a man’s fame as where the matter whereof he is accused is scandalous
The damage must also be the reasonable and propable results of malicious prosecution and not too remote. In assessing damage the court to some extent would have to consider:
1) The nature of the offence the plaintiff was charged of 
2) The inconvenience to which the plaintiff was charged to 
3) Monetary loss and 
4) The status and prosecution of the person prosecuted

“Every man is entitled to have his reputation preserved inviolate”. A man's reputation is his property. Depending  upon perception of that man, reputation is more valuable to him than any other property. Reputation is the state  of being held in high esteem and honor or the general estimation that the public has for a person. Reputation  depends on opinion, and opinion is the main basis of communication of thoughts and Information amongst  humans. In simpler words, reputation is nothing but enjoyment of good opinion on the part of others. So, the right  to have reputation involves right to have reputation inviolate or intact. 
Defamation is nothing but causing damage to reputation of another. Defamation is civil as well as criminal wrong. Likewise the codified criminal law  on the subject, the civil law of defamation is not codified. The criminal law on the topic is contained in sectioned 499 to 502 of Indian Penal Code, 1860. However, defamation as a Civil Wrong  is covered under Law of Torts. It is purely based on presidential developments, i.e. through decisions  pronounced by Courts.

Thus, you may choose between two, i.e. whether to initiate action for malicious prosecution or defamation case. 
T Kalaiselvan
Advocate, Vellore
34383 Answers
368 Consultations

5.0 on 5.0

Since no appeal has been preferred by the complainant you are free to launch criminal prosecution for defamation and also seek compensation through a lawsuit for launching a baseless criminal prosecution against you. A false criminal case is nothing but persecution of the individual with the instrument of law.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) you can file civil suit for damages against the complainant for having maligned your reputation The said complaint  have tarnished the reputation of the accused  and damaged his social standing and goodwill in society. These malicious, vexatious, false and incorrect statements were made with a sole motive to malign the fine professional and personal standing and image of the accused  in his professional, social and personal circles, and to cause him to suffer material and personal/mental injury and anguish thereto, thus, giving rise to Cause of Action to the accused against the complainant 

2) you can also file complaint of criminal defamation against the complainant as the complainant had failed to make out a prima facie case against you and complaint was dismissed 
Ajay Sethi
Advocate, Mumbai
44214 Answers
2563 Consultations

5.0 on 5.0

1) suit for damages would take years to be disposed of plus you have to pay court fees on amount claimed as damages

2) in complaint of criminal defamation court would convict accused if you are able  to prove your case. 

3) in india litigation is long drawn process and it takes years to be disposed of 

4) you would end up spending lot of time and money in litigation 
Ajay Sethi
Advocate, Mumbai
44214 Answers
2563 Consultations

5.0 on 5.0

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