Defamation
Sanjeev Hota
(Querist) 21 May 2014
This query is : Resolved
What are the provisions for defamation under CRPC, against a news article NOT at all based on facts and maligning the image and tainting the character of a woman. She was falsely implicated in a case where her husband had committed an offence under NI Act. The police defamed her name and fame which she had earned by being a professional AIR singer.The police officer there gave statements not at all related to her and the case where she was falsely implicated.
1.Can she file for defamation & Against who the case will be registered?
2. Does she have to have a FIR for this or file it in the court as regards defamation suit.
Devajyoti Barman
(Expert) 21 May 2014
1. Yes she can file defamation suit if it is found to have been published without support of true facts and with mala fide intention of trashing her image and reputation.
2. Civil suit is better option.
Sanjeev Hota
(Querist) 21 May 2014
is there some limit to filing for damages as far as the amount is concerned...Isn't this prosecutable under Section 499 & Section 500 in the Indian Penal Code?
Devajyoti Barman
(Expert) 21 May 2014
when did the alleged incident happen?
499,500 IPC proceeding is criminal defamation.
Sanjeev Hota
(Querist) 21 May 2014
This happened in 2013 May Sir. So is 499&500 applicable?
Sankaranarayanan
(Expert) 21 May 2014
Well advised by Mr Barman. I too endorse his suggestion
Sanjeev Hota
(Querist) 21 May 2014
Thank you so much sir..what about damages how is that calculated?
Devajyoti Barman
(Expert) 21 May 2014
it is claimed in civil suit only , not in criminal defamation.
Give details of your query.
Your query now looks like an academic one which I do not reply.
Sanjeev Hota
(Querist) 21 May 2014
This incident happened in May 2013 when the aggrieved was haressed in a falsely implicated case against her husband. The only allegation against her was that she had accompanied him when the cheque was given to him (again something which is not based on fact as she had not accompanied him). The police at the behest of the complaint,went to her father in laws place and her village where she was born and brought up and earned name and fame all over as a singer.There intentionally a police constable spread rumors that she involved in scams to the tune of crores.All her reputation there was damaged with these lies which do not have any proof nor basis with the only intention to tarnish her.And based on this the officer made a statement in the press saying the alleging the same.The most funny part is the FIR has nothing against her...aside from the fact that she was the wife of the accused(her husband)!!
Now who is prosecutable:
1) The complaint at whose behest the police constable spread lies,
2) The media or
3) The police officer?
ajay sethi
(Expert) 21 May 2014
agree with Mr barman
Anirudh
(Expert) 21 May 2014
Did you bring the true facts to the party concerned and asked them to retrace their publication?
Do you mean to say that in spite of your bringing to them the true facts, they did not do any amends?
Rajendra K Goyal
(Expert) 21 May 2014
Well advised, agree with the expert Devajyoti Barman ji.
