A recently friend of mine and an ex colleague named Raghawendra Singh of former company hurled abuses on me publicly on Facebook .Here are the details I wrote a status message on my wall "?? ???? ??? ?? ??? ???? ??..???????" following are the series of comment - Raghawendra Singh :As an ardent supporter of PM Modi ,only because of his good work not anything else, I must say : Tum bahut bade wale CHUTIYA ho .. - Myself - Raghawendra Singh : hum sabko pata hai ki tum bahut peechde ilake aur jaati se ho . Par ab sarkar sauchalya banane main help kar rahi hai , TO KAHE KHULE (Facebook) MAIN SAUCH KARTE ho bhai . http://www.thebetterindia.com/.../govt-to-give-rs-4000.../ - Raghawendra Singh : I spend my whole life, before coming to new delhi, in Varanasi, constituency of Prime minister Modi, did schooling from one of the reputed school from varanasi and graduated from one of the most reputed institute of india, IIT-BHU. If you think that I am from very Backward area then it is your mith. - Raghawendra Singh : So be in your Limit because I know How to deal with asshole and cunt like you ..... bloody Basterd .... -Myself : Raghawendra Singh Ur language is contrary to what u claim. I am not going to delete ur comment .Let the world know u dont shit from ur ass but from your mouth. Raghawendra Singh : I am glad that you won't delete my comments .... I will be more than happy if everybody see my comment ... Its clear he has repeatedly abused and threatened me. I told me him that I am filing a case against him. He said that since I have quoted his caste he will also sue me. Raghawendra Singh's Info 1. He is not dalit but an OBC 2. He works in Govt Organisation. Are my remarks derogatory for his caste (I personally don't think so ) and can In be prosecuted for that. What legal action can I take against him?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
You have no business in commenting on his caste
2) your comments are indeed derogatory
3) if your ex colleague lodges police complaint against you then you have along legal battle ahead
3) similarly you ex colleague comments are insulting and in bad taste
4) you can file police complaint against him for criminal intimidation under section 506 of IPC
5) the best option is both apologise and withdraw the derogatory comments against each other
Dear Concerned
Yes you can file a criminal defamation case against this person and also book him under IT act HOWEVER my friend i would suggest to delete these comments and forget this as an act from a mindless fellow as if a counter complaint is file you would be in trouble because of the below comments of yours
"Myself - Raghawendra Singh : hum sabko pata hai ki tum bahut peechde ilake aur jaati se ho"
He may not be from an SC ST tribe but still your comments are about discrimination and he is a govt employee to hence it is suggested not to go for filing any complaint or so and just forget this ......Better you block this person from your facebook.
Best of Luck
You too have abused him and his caste. So you can also face a prosecution under SC/ST Act which has non-bailable provisions. So better leave this and reconcile yourself to the fact that he is another Modi bhakt and in future watch your words before responding to someone on a public forum.
Ashish Davessar and Ajay sethi The person in question is OBC and not Dalit / ST . I am being Bania faced myself prejudiced comments mentioning my caste especially in financial matters . Is abusing somebody with casteist comments is offence in case of Dalits/ST or other castes as well (OBC/General). How can I be prosecuted under SC/ST act when person I am refering is neither any one of them
e Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes
2) you cannot be prosecuted under SC/ST act
3) but he can file case against you under section 504 of IPC
4) IPC 504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
1. He is not dalit but an OBC
2. He works in Govt Organisation.
Are my remarks derogatory for his caste (I personally don't think so ) and can In be prosecuted for that.
What legal action can I take against him?
Whether he belonged to dalit or OBC, caste based discrimination is an offence as per law.
From your contents it appears that both have exchanged abuses in possible filthy languages, hence it would be better if you both amicably agree to drop the charges against each other, or else both are liable to be prosecuted by each other.
The person in question is OBC and not Dalit / ST . I am being Bania faced myself prejudiced comments mentioning my caste especially in financial matters . Is abusing somebody with casteist comments is offence in case of Dalits/ST or other castes as well (OBC/General). How can I be prosecuted under SC/ST act when person I am refering is neither any one of them
Caste based discrimination or derogatory comments can be considered as defamatory and an offence under section 500 IPC.
Better think about discarding the matter and putting an end to this issue now itself when things are under control or else it may stretch too far and will become irretrievable due to plenty of developing issues.