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Sukriti Tamang   24 August 2020

Defamation on social media.

Can police submit Non FIR PR against any person u/s 500 IPC if he had posted something defaming the person on Facebook


Learning

 3 Replies

Dr J C Vashista (Advocate)     25 August 2020

What is specific incident for filing a complaint u/s 499 / 500 IPC before area Magistrate, however, police has no jurisdiction for case of defamation.

G.L.N. Prasad (Retired employee.)     25 August 2020

The duty of victim is making a complaint to police, and depending on such investigation it is the duty of the police to register the FIR.  Filing a complaint with prima facie evidence is not a crime.  Making false allegations without any basis is only a crime..  The facts are to be stated in a complaint to Police.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 August 2020

The Madras High Court has ruled that a complaint of criminal defamation cannot be made directly to the police and that the latter has no authority to register a First Information Report (FIR) on the basis of such a complaint unless there was a specific direction from a judicial magistrate under Section 200 of Code of Criminal Procedure (Cr.P.C.).


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