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Nimrod India (Partner)     16 June 2017

Criminal defamation on individual by a corporate

Hi Under IPC 499/500 is there a history of people being jailed or usually it ends with only a fine?

 

Thanks



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 2 Replies

Nimrod India (Partner)     16 June 2017

I have a criminal defamation case on me and depending on what is worst case scenario , I will fight the case. (spend time, efforts and money) 

Raveena Kataria (Advocate )     05 July 2017

Well, defamation is a bailable offense. In case of arrest, once you furnish the amount of bail, it's not up to the discretion of the court to release you, it's your right. You can also attempt to come to a compromise with the victim in this case, plead guilty (u/s 265A-L of CrPC,) in order to recieve a lesser sentence/fine. Or you can stand your ground. Here are some of the major defenses of defamation: 

1) The defamatory material is shown to be true/correct and for the good of the public.

2) The defamatory statements, if made about a public servant, have been made by you in good faith  (that's without any ill will on your part,) and for the public good. Here, truth/falsity of the statements is irrelevant. If you are just criticizing the public servant for instance. All that has to be shown is that such criticism was made with valid foundations (on facts truly stated.) 


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