• Defamation case procedure, fee, time limit

Hello Experts,

Wife filled fake IPC 376 case on husband, session court acquittal on merit, even HC dismissed on merit her appeal. Now my queries are 

1) Police is not ready to register case under IPC 182/211 against wife, To whom and how i need to approach to register case under IPC 182/211.

2) Where can i register criminal and civil defamation case on her. What is the time limit?

3) What is the court fee and procedure e.g if i would like to file suit for 1 CORE(1,00,00,000) ?

4) What will be happen if i loss or win defamation case? Does court return court fee if i loss?

Kindly help me.

Regards
Asked 4 months ago in Criminal Law from Gurgaon, Haryana
Religion: Hindu
1. Police has rightly refused to register the case under 182/211 as the criminal case is required to be directly filed as complaint in the court. 

2. You can file civil and criminal defamation against her. There is no time limit for either of two but the earlier you file it the better it is. 

3. There is no court fee in a suit for defamation other than the nominal court fee.

4. The court fee to be affixed on the suit shall be non-refundable if you lose it. No penal consequences ensue out of your loss.
Ashish Davessar
Advocate, Jaipur
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1. File an application u/s 156(3) crpc beofre the Magistrate.
2. Civil suit for damages lies in civil court. However no case of defamation lies.
3. Court fees is fixed at Rs.50/-.
4. If you win the court would grant a taken amount of damages.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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you can file suit for damages against wife for having made false complaint against you 

2) court fees is state subject and varies from state to state 

3) court would not refund your court fees if you lose the case . 

4) you can file private complaint of criminal defamation before magistrate under section 500 of IPC . limitation period is 3 years 

5) Supreme court has held in the case of Surinder Mohan v. Asharaj 1978 (2) SCC 403,  that the limitation shall commence from the date on which the accusation has been made and not from the date of acquittal in the criminal case

6) under section 473 of Cr Pc any Court may take cognisance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice."
Ajay Sethi
Advocate, Mumbai
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1. You file a petition before judicial magistrate court under section 156(3) cr.p.c. seeking direction to police to initiate proper legal action on your complaint. 

2. You can file a private complaint under section 500 IPC before the concernd judicial magistrate court.  Time limit is two years.

3. Claiming compensation for the damages shall be under civil defamation suit.  The court fee differs from one state to aother, you may enquire about it locally.


4.  Court is not a play field that you can paly with it.  There shall be no reund of court fee just because you lost the case..  You have to forego it. 

T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
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1) Supreme court has held in the case of Surinder Mohan v. Asharaj 1978 (2) SCC 403,  that the limitation shall commence from the date on which the accusation has been made and not from the date of acquittal in the criminal case


2) court fees for filing suit for damages varies from 
State to state as court fees is state subject 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
The limitation for filing defamation case  shall be computed from the date of passing of judgment acquitting the accused.


The court fee is the state subject, it will vary from one state to another.  You may clarify the same locally.



The Limitation For preferring appeal shall be the same to that of the high court.



T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
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1. July 2016.
2. As it is a civil suit, the advolerum court fee has to be paid as per State rules.
3. 90 days is the time to move the SC. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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