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Vijay Kumar   30 January 2021

l am a law student. about cpc

(Arun, a resident of Vijaywada published a defamatory statement against Kiran, a resident of Vishakapatnam. Kiran wishes to sue Arun. What are Kiran's options? Please advice him on the matter.)



Learning

 1 Replies

Nandini Warrier   30 January 2021

Good evening,

Defamation can be defined as an injury to the reputation of a person. In civil law, defamation is punishable under the Law of Torts by imposing punishment in the form of damages, usually monetary damages to be awarded to the plaintiff, or the aggrieved. For slander, except under certain cases, to claim damages, proof of special damages is needed. 

The essentials for a statement to be considered as civil defamation are that-

  • The statement must be defamatory
  • The statement must mention or refer to the plaintiff
  • The statement must be published

In India, criminal law doesn't separate defamation as libel and slander. Both are considered as criminal offences under Section 499 of the Indian Penal Code. Section 500 of the Indian Penal Code states: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 

The defamatory statement must be made with malice and intent to lower the reputation of the plaintiff.

The aggrieved person (in this case, Mr. Kiran) can file a plaint for defamation in the civil court as a tort, or they can file a complaint under IPC section 500.

Hope this helped!

Regards,

Nandini


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