SSKADIR (MD) 27 May 2015

Querry in defamation

Hello Experts, Please help me out with this query.

There was a false allegation against my friend on a Fire case in a neighbour hood farm land. A case was registered under IPC 396 by the police on this including my friend and one another who holds the neighboring land. This case was in trail for 4 years and now we have got the judgement and declared it is a false allegation.

Now my friend wants to file a defamation case against the person who filled this Compllaint / Case.We discussed with couple of lawyers including the one who run our case. The suggestions were

1. Civil Defamation. 2. Criminal Defamation.

Kindly advise which is a better solution.

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2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 May 2015

Civil defamation would mean payment of compensation. I think that if you demand compensation you will have to deposit a certain amount with the court. Criminal defamation can be filed under Section 499 and 500 of IPC. That will earn jail term for the accused. Cases can take years in the court. You have to decide what you want to do.