Difference Between Civil & Criminal Defamation Cases And Filling Procedures?

Introduction

In ancient times Defamation was governed under Gautam Dharma Sutra  in India which explained that when a shudra abuses a person of a twice born cast, he will be punished. Defamation also has its origins from Ancient Rome, England and Germany. In modern time the offence of defamation in India is governed by both criminal and civil law. If any person, by words, or by writing, or publishes, or by visual representation, expresses any false statement with regards to any person, having knowledge that this statement will lead to harm the repute of the person, is said to have committed the offence of defamation. The ambit of defamation also covers a dead person.

Provisions

In civil law defamation is explained under the law of tort, and it is considered as a tort. The person aggrieved from defamation can file a civil suit under section 19 of the Code of Civil Procedure; 1908.The civil suit for defamation is basically for monetary compensation, whereas the aggrieved party can also file a petition for defamation under criminal law if he wants to go for the grant of punishment to the offender. The sections which deal with defamation under criminal law are Sections 499 and 500 of the Indian Penal Code, 1860.

Key Differences between Criminal Defamation and Civil Defamation

The basic key differences between civil and criminal defamation are ; Criminal defamation comes under the ambit of Criminal law in India whereas the civil defamation comes under civil law. The initiation of criminal defamation is done by filing a petition mentioning 499 and 500 of IPC; on the other hand the initiation of suit in case of civil defamation is conducted by filing a civil suit under the CPC. Another most important difference between criminal defamation and civil defamation is in the terms of relief; in case of criminal defamation the intention is to punish the offender, whereas in civil defamation the main objective is to get monetary compensation.

Exceptions of Defamation

As to the definition of defamation there are certain exceptions to the offence. These includes; If the statement which is expressed is true in nature and only recognizes true facts and no false claims, then it will not come under the ambit of defamation, further there are certain privileges given to some people in respect to defamation, such as the speaking in parliamentary meeting do not constitute defamation, and there are certain other exceptions such as the if the statement is made for public safety it will not amount to defamation, etc.

Conclusion

Hence, it can be concluded that both criminal and civil defamation are different in nature and also in terms of initiation and relief, the intention of legislature for keeping this dual nature of the offence must be to give more relief options to the public.

In India, it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.