Criminal intimidation and defamation by a person.
Sapna
(Querist) 18 September 2016
This query is : Resolved
A person I was involved with has been defaming me on social media, also personally calling my friends, colleagues, cousins and known people. He's made inflammatory statements which is absolutely untrue but damaging in nature.
On top of that he has threatened me on emails by sending emails from anonymous emailer saying he will beat us up etc. He even came to my property and spoke to my neighbors.
He already has an FIR for violence against him and we served him a C&D notice a few days back but this has not stopped at all. I get calls at odd hours from hospitals saying he is admitted etc which are all false.
What charges can be levied on him at this case? We want him to get maximum punishment. Can he be sent to jail based on the nature of this case?
The police hasn't taken any action yet. The FIR is two weeks old.
Ms.Usha Kapoor
(Expert) 18 September 2016
Dear Clients,
He can be booked under stalking(Section 354 D) also apart from the other two offenses under IPC.Stalking Definition and Punishment reads as follows:
IPC 354D: Section 354D of the Indian Penal Code
Stalking1
(1) Any man who—
follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
monitors the use by a woman of the internet, email or any other form of electronic communication,commits the offence of stalking;
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
1 Criminal Law (Amendment) Act, 2013
So don't worry. Law would take its own course.His stalking and other offenses would be proved and you would heave sigh of relief.
Rajendra K Goyal
(Expert) 18 September 2016
Lodge police complaint, meet higher officials of the police.
Sudhir Kumar, Advocate
(Expert) 18 September 2016
you cannot make out any case of defamation unless you can prove that the allegations made by the defendants are false also.
Devajyoti Barman
(Expert) 18 September 2016
This is not a case of defamation but a case of stalking, outraging of modesty and criminal modesty.
Change your number.
Raj Kumar Makkad
(Expert) 19 September 2016
I do endorse the advice of the experts and add no more.
