defemation

Querist : Anonymous (Querist) 13 September 2010 This query is : Resolved
on completion of my LL.B three years course my parents throw a party at my home. iam the first ll.b degree holder at my village. one of my neighbour in drunk mood/or pretending to be..called my father a dog and me a "kuttey ki aaulad" an also said that "i can buy as many as advocates what is your value" in a full packed party.sir/madam i want to file a defemation case for me and my father. is this matter a ground for me to file a defemation case

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Parthasarathi Loganathan (Expert) 13 September 2010
Tortuous Liability has no relevence in this country. Since you must be a young blooded new comer to the profession you need to cool down. Be calm and composed. Defamation suits will test all your time and energy.

Raju Ramparag Gupta (Expert) 13 September 2010
Dear Loganathan,
I am extremely sorry, i am of other view.
Such culprit must be punished. If i would have been at the above instance i would have slapped him atleast two to three times.
Mr. Anonymous approach the Police station ASAP and lodge an F.I.R.
The Police very seldom lodge an F.I.R for defamation.
Even if it is lodged it is hard to proove it.
If the Police not registering the F.I.R than approach the senior officer.
if nothings seems practicable even you have option for filing private complaint.
Good Luck

s.subramanian (Expert) 13 September 2010
Dear Brothers,

Defamation,as a criminal offence u/s 500 IPC, is a non-cognizable,bailable and triable by a court of sessions . Police cannot and will not register FIR under Sec.500 IPC. The aggrieved person has to file the complaint for prosecution u/s 500 IPC before the competent court defined under IPC.

If your father is also a lawyer then he can prosecute him. Otherwise not. But you can prosecute him for defamation. There cannot be a joint prosecution by you both. YOu have to file separate complaints.Since you are a fresh entrant to the profession do not start it with your own case. I agree with Mr.Loganathan. Discretion is the better part of valour. You must be naturally emotional at present. I would,as your senior by 26 years in this profession, advise you to ignore it by issuing merely notice claiming a huge sum as damages. That will inculcate a sort of fear in the mind of that person.That will suffice for the time being.

Parthasarathi Loganathan (Expert) 13 September 2010
Yes emotions and instantaneous actions can never be solutions. I fully endorse the expert opinion of SS Sir and such counselling would really add value to professional ethics. Notice threatening compensation or damages would suffice.

Devajyoti Barman (Expert) 13 September 2010
Yes the acts as alleged are libel n nature and hence defamation ether civil or criminal can be initiated against him. The defamation cases are triable by Magistrate.

Rajeev kulshreshtha (Expert) 13 September 2010
I do agree with Mr. Barman.

Raj Kumar Makkad (Expert) 13 September 2010
I second the opinion of Subramanian.

Adv ramesh chheda (Expert) 14 September 2010
for defamation first condition it should be a statement made in public . if he has said anything in person to both of u then it cannt amount to be defamation. in such a case u can file criminal complaint fr mischief