someone insulting in public
AMIT TANEJA
(Querist) 12 April 2009
This query is : Resolved
what actions can be taken
what sections will be applied
how the aagrieved party proceed
A V Vishal
(Expert) 12 April 2009
Under IPC Section 499. Defamation means "Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person.
Explanation 1-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.
Explanation 2-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.
Explanation 3-An imputation in the form of an alternative or expressed ironically, may amount to defamation.
Explanation 4-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.
A V Vishal
(Expert) 12 April 2009
Under the law of torts, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.
Typically, the elements of a cause of action for defamation include:
A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.
Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.
Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:
Attacks on a person's professional character or standing;
Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Allegations that the person has committed a crime of moral turpitude;
While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.
n.k.sarin
(Expert) 13 April 2009
I think Mr Vishal given a very good advice.I agree with the opinion.
M. PIRAVI PERUMAL
(Expert) 13 April 2009
Thank you Mr. Vishal for the wonderful narration.
AMIT TANEJA
(Querist) 13 April 2009
first of thanks
but wt i really wt to know is if defamation is done beside sec 499 wt all issues can be alleged on the accused/ wrongdoer
like the accused is dislosing certain facts in public to defame my image
can i get compensation / damages
AMIT TANEJA
(Querist) 13 April 2009
first of thanks
but wt i really wt to know is if defamation is done beside sec 499 wt all issues can be alleged on the accused/ wrongdoer
like the accused is dislosing certain facts in public to defame my image
can i get compensation / damages
A V Vishal
(Expert) 13 April 2009
What you want to allege depends on the material facts of the case. If the accused/wrong doer is disclosing certain facts in public which are not true then you can claim damages for making such defamatory statements and also proceed under Cr P C, provided you prove that the allegations against you are false and malicious. However, if the allegations are true then you have no remedy in law.
