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Dhanasekar (Advocate)     29 October 2014

Publishing news against 498a victims

Respected Experts,

Next morning after the day of arrest of a family u/s 498a/406, one of the regional newspapers publishing the news about the arrest.

Just, on receipt of complaint, Police arrested a family without any investigation u/s 498A/406 on  11/09/2013.

one of the daily newspapers, published the news on 12-09-2013 morning issue.

Questions:-

1. Is it legal

2. If they proved that they are not at guilty, are there any remedies?

Thanks with regards

Dhanas



Learning

 3 Replies

AS   29 October 2014

1. Is it legal -

Yes no one can stop them from doing such thing. But you can file defamation criminal and civil or both.But when to file depends on your lawyer and your strategy.

2. If they proved that they are not at guilty, are there any remedies?

Defamation can be filed. 

Sudhir Kumar, Advocate (Advocate)     30 October 2014

I partially agree with above view.

 

The newspapers persons know defamation law more than police and lawyers. 

 

Yours is not the first news they publish they publish news of highly influential and moneyed persons also.

 

They always publish crime news quoting the police of the complainant .  They do not report that you are guilty.

 

It is a fact that some XY complainted under ABC section in  YZ thana and FEG is were arrested.  It is a cold fact they are reporting. They do not publish nothing more than that.

 

So no defamation case can lie even if you are acquitted.

 

please see news paper report again if they have pronounced you  guilty?

Dhanasekar (Advocate)     30 October 2014

Sirs,

Newspaper was confirmed that " Sib Inspector had conducted the investigation and arrested the accused" In the trial, the same Sub Inspector of Poilce had confirmed in front of the JM that she did not investigate or inquired the accused"

My point is , Newspaper was confirmed on 16 months before at the time of arrest that Police had conducted the investigation and arrested the accused.

whereas, Police said that no investigation had been done in accused side.

would it cause defamation?

My expectation is that, atleast the newspaper would publish that they are innocents at the time of acquittal.

 


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