Defamation

Querist : Anonymous (Querist) 12 February 2011 This query is : Resolved
What action be taken against a newspaper agency /or a reporter,who tries to put false statement and allegations in the Newspaper and damaging reputation also by the release of which has offended my Family Member.Can I go ahead and file a case against such new reporters....???Help???

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Sudharsan.m (Expert) 12 February 2011
you may file a case against the newspapers as defamation suit or libel by producing proper evidence. you may get compensation at court of law also.

Arvind Singh Chauhan (Expert) 12 February 2011
Yes I do agree with above opinion.

Sarvesh Kumar Sharma Advocate (Expert) 13 February 2011
both criminal and civil defamation suit can be file!

Amit Minocha (Expert) 13 February 2011
agree with experts

barun deka (Expert) 14 February 2011
yes both civil and criminal defamation can be filed.
but once the criminal defamation is filed under S. 500 of the IPC, the civil suit for defamation if filed will be stayed. So better prefer one.
Secondly in a civil action for defamation even the newspaper company, the chief-editor etc. along with the reporter will be liable. Not so in criminal defamation where mens rea (intention) has to be specifically proved against all the accused.

Querist : Anonymous (Querist) 14 February 2011
Thanks a lot .........The reporter called up and apologized ....should I take his apology..He actually apologized in front of the police officer and SHO and said would not repeat..

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