Threat to defame

Dear Querist

Legal remedy depends on the contents of said email.


Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


....

Dear querist,

1.      The act done by the prosecutrix’s ex-husband could be termed as a case of blackmailing which is defined as u/s. 503 of the Penal Code and criminal intimidation to withdraw the case filed before.

2.      So, a criminal complaint can be filed by the wife before the women’s cell’s IT department which will look into this matter of criminal intimidation, and subsequently a suit can be filed in the court of apt jurisdiction u/s.s 503 and 383 i.e. extortion, which basically means that whomsoever puts anyone in fear of injury to make them do something regardless of their free consent; shall be punished for not less than 2 years with fine, according to the provisions stated above.

3.      As per the facts, the prosecutrix can also serve a counter-defamation notice to her ex-husband for his threatening email. But in order for you to act against threats of defamation, there must be actual public defamation because private blackmailing doesn’t cover the act of private blackmailing. The act of defamation is covered under sections 499 and 500 which talks about the reputation of an individual in the right-thinking members of the society and whosoever does any ant pertaining to defame that rightful image of an individual shall be punished with imprisonment for up to 2 years with fine.

4.      Additionally, blackmailing a person to extort personal gain and threatening to publicize information without the will and free consent of the person amounts to infringement of their right to privacy which is enshrined in the A.21 of the Constitution of India.

5.      Case reference – Om Prakash Bhatia v. The State of Uttarakhand – in this case, the accused was threatening husbands wife and her in-laws with the constant demand for money as well as threatening to cause untoward incidents causing harm to her family, simultaneously case was filed under section 383 for extortion.

Thanks for the suggestions. If this threats of defamation is after divorce then all the suggested option willl remain same?

For filing complaints/suits on defamation divorce etc are not material.  There should be prima facia evidence of such threats/blackmail and as you have e mail, it is more than enough to insist bind over by Police from the accused.

Thanks for response. We gave the complaint to police, earlier they were saying to register FIR but next day they registered NCR under 507. They r well managed by accused.