Defamation
Subhash Banik
(Querist) 02 March 2013
This query is : Resolved
A government official of Additional Commissioner Rank holding a post of DDO passed some comments on some wrong footing and without any base personally. As a result of that this the person has lost professional credibility and an also asked by many professional colleague on the matter.
Whether legal action can be taken up u/s 500, 501 etc of the CRPC.
What course of action could be taken against that official under Law.
Please advice.
With Regards.
R.K Nanda
(Expert) 02 March 2013
first send legal notice to him for defamation.
ajay sethi
(Expert) 02 March 2013
forget it . you will end up spending lot of money on legal fees and running around courts . take the comments with a pinch of salt .
Sudhir Kumar, Advocate
(Expert) 03 March 2013
For proving defamation you have to prove 5 things :-
(1) Comments made by defendant.
(2) Comments made about complaints.
(3) Comments made to public.
(4) Comments made lead to loss of reputation
(5) Comments made are false as well
remedy is both civil and criminal.
For criminal remedy since the office is committed in public capacity you need a sanction of prosecution from authority competent to dismiss him from service.
No such sanction may be needed for civil defamation.
