samir 01 January 2017

Can criminal defamation be filed in this case? urgent advice

Dear Sir/Madam,

My sister is going through a mutual divorce case and hopyfully by 10th of this month she will get it. My brother in law (Sister's Husband) is working in the organization where I'm working.

I came to know a few days back to get a week's leave from the company he sent an email to his line manager and requested for 7 days leave.

He mentioned in that email that his mother in law (Who is our mother) had expired, so he had to take care of that which is completely lie and wrong. And the written document is there.

Can we file a criminal defemation case against him? Can we prove in the court of the law that this false comment is likely to damage my mother's reputation?

Awaiting urgent suggestions from the experts of this community.

And if Yes how to do that? Can we simply go to the PS and tell them everything and the rest will be taken care of by them?

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5 Replies

24X7 legal (-) 02 January 2017

Mr. Samir,

1. Ask his line manager to ask your brother-in-law to present death certificate of his mother-in-law ( i.e. your mother).

2. you can file a case for defamation u.s. 499 of IPC.

later things are possible with the help of legal practitioner, rest things are depended on the development of the case.

samir 04 January 2017

Thank you sir,

I have talked to one criminal lawyer in my local area and he said this comment is not likely damage his mother in law's (my mother) reputation. He said a comment has to damage or likely to damage the reputation of another person. And he said in this case saying dead unlikely going to damage the reputation of my mother in society.

Should I consult some other criminal lawyer? Can you please guide.

samir 04 January 2017

Thank you sir,

Should I consult some other criminal lawyer? Can you please guide.

samir 04 January 2017

The learned lawyer said this can be treated as a lie from the organization's perspective and after due inquiry they can terminate the accused (here my brother in law) but I can not sue him u/s 499 of IPC for this.

Is this true? Can you or somebody throw some light on this issue please.?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 05 January 2017

The criminal lawyer whom you consulted was right. Your sister is getting the divorce which she wanted. Now why go after her ex-husband on such trivial matters. You can file a case under IPC-499/500. The magistrate may admit your case also. Your ex-brother-in-law can be harassed making him run to the court for the next 5 years. Dr. Subramanyam Swami had filed a case in the Supreme Court to repeal IPC-499/500 saying that they are silly laws which serve only to harass people. The Court did not agree with him. There are many daughters-in-law who wish their mothers-in-law were dead. Are you married?