Bhaskaran Advocate (Lawyer) 12 March 2008

Defamation Suit

Freinds,

Can anyone tell me if a defamatory suit could be filed against a person who makes defamatory remarks in this situation.

Defamatory words were uttered like this against a Political person.

Against this Political person it was said that he misutilised funds and purchased many properties and build houses.

The newspaper too published this.

Can defamation suit could be filed on the person making it and also Newspaper.

Please clarify.

Regards.

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9 Replies

Shree. ( Advocate.) 12 March 2008

the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates, have to show that the defamation was made with malicious intent and was not just fair comment. Damages for slander may be limited to actual (special) damages unless there is malice. Some statements such as an accusation of having committed a crime, having a feared disease or being unable to perform one's occupation are called libel per se or slander per se and can more easily lead to large money awards in court and even punitive damage recovery by the person harmed. Most states provide for a demand for a printed retraction of defamation and only allow a lawsuit if there is no such admission of error. Defamation, except such case as are specified against section 500 of the Indian Penal Code in column 1 of the table under sub section (2).] 500 The person defamed.

Rajendran Nallusamy (Advocate) 12 March 2008

Defamation suit can be filed bu the same is very difficult to succeed.

R. Brizmohan Singh (Practising Lawyer) 13 March 2008

Hi Vakil123, There is no bar either under civil or criminal law to initiate an action for damages or punishment for the alleged acts of defamation. Whether the complaining party succeeds or not is quite another thing. Please remember truth in the statements said to have been uttered or circulated is the criteria. The person against whom allegations of defamation are made has to do nothing but to prove that the statements made by him are true to go scot free from this hassle. This is only Indian Law. The English Law is slightly different.

SANJAY DIXIT (Advocate) 16 March 2008

In Indian Law, the defamation suit can be filed successfully in the present situation.

MANIKANDAN (later) 21 March 2008

I have got a falsely accusing legal notice by a lawyer sent on my wife's advice. She cannot prove any of the accusations. I have been severely affected by this - both mentally and financially. I would like to file a defamation suit on her for this. Can I do this? What is the procedure? Whose responsibility is to prove that the accusations are true or false? Do I have to deposit any money in court? Can I get back that money after the case is closed? My wife is in a foreign country? Does she has to come to appear in that case or she can fight it through her lawyer? Is Defamation a civil or criminal case?

Rajesh Kumar (Advocate) 28 March 2008

You can go for both Civil as well as criminal defamation, independently and simultaneously. For Criminal defamation- Section 499/500 IPC a complaint is required to be filed before the Magistrate. Fee is paltry in criminal case filing. She can claim truth (exception of 499), but she is required to establish truth of her allegations to defend herself. The court will presume absence of any such exception (Sec 104 Evidence Act) The case can be filed where you are staying as you have been affected by such act at that place. If the newspaper has published her story, giving her as source- it is not advisable to file any case against the newspaper. Civil Suit can also be filed to get compensatory relief, but you are required to pay the court fee.

KKS.KRISHNARAJ (ADVOCATE) 19 April 2008

defamation: whoever, by word 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, orknowing or having reason to believe that such imputation will harm, the reputation of such person, is said ,except in the cases hereinafter excepted,to defame that person.

Thomas Dohling (Service) 06 October 2010

The lawyer of an accused/defendant who was on the verge of being sentenced in a defamation case, asks for postponement next hearing/passing of judgement on the plea that more evidence would be produced at the next hearing. The accused/defendant had already paid a fine to the village council when his accusation was proved to be false. In your learned opinion, what document could be present to prove/satisfy the District Magistrate that he should not be punished under Section 500 of the IPC? What should be the approach of the petitioners' lawyer in this case? Is the lawyer applying delaying tactics? Surely the accused (of defamation) wouldn't be able to prove his innocence at this instance after having paid a fine for his action?

Originally posted by :Rajesh Kumar
"	You can go for both Civil as well as criminal defamation, independently and simultaneously. For Criminal defamation- Section 499/500 IPC a complaint is required to be filed before the Magistrate. Fee is paltry in criminal case filing. She can claim truth (exception of 499), but she is required to establish truth of her allegations to defend herself. The court will presume absence of any such exception (Sec 104 Evidence Act) The case can be filed where you are staying as you have been affected by such act at that place. If the newspaper has published her story, giving her as source- it is not advisable to file any case against the newspaper. Civil Suit can also be filed to get compensatory relief, but you are required to pay the court fee.	"

basantsingh 07 July 2015

Friends,

I want to know whether i can file a defamation suit against a magazine where they have published a report showing me as a fraud and land grabber, but the property is under sub jurisdiction. Moreover, the reporter belongs to my politcal rival party. Can any one help ???

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