Indian Penal Code (IPC)

Section 499. Defamation

Whoever, by words 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, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person.

Explanation 1-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3-An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

I don't think it is a fit case to file complaint under 500 IPC .

KIndly note this ruling also

1989 (2) KLT 696

K. Sreedharan, J.

Kader v. Fousia

Crl. M.C. No.1184 of 1988

Decided on 6th September, 1989

Penal Code 1860, S.499 - Reply notice sent by lawyer for accused to complainants lawyer imputing defamatory statements - If can be treated as constituting publication - Complainant coming to know of the contents from her lawyer - Communication between counsel and client if amounts to publication.

Reply notice sent by petitioners’ counsel to the counsel who sent notice on behalf of the complainant can be taken as notice to the complainant herself. This is a communication from the petitioners to the complainant. Communication from accused to complainant directly cannot be treated as constituting publication falling within the purview of S.499 of the Penal code. Complainant could have come to know of the contents of the notice from her counsel. Communication between counsel and client cannot amount to publication. So, if the complainant’s advocate had translated the reply notice sent by petitioners for the benefit of the complainant and the complainant came to know of the contents from her counsel there could not have been any publication of the contents of the reply notice. Complainant after getting the reply notice from her counsel took it to third parties and gave them chance to read the same. The action of the complainant amounted to publication of the notice. But for such publication ingredients of S.499 could not have been satisfied. Since that publication was not the act of the petitioners they cannot be penalised for the same. (Para 3)

 First petitioner is the father of the second petitioner. Respondent is the wife of the second petitioner. On account of difference of opinion respondent is living away from the petitioners. She sent lawyer notice to the petitioners claiming return of the gold ornaments taken from her and maintenance. On receipt of this notice by the petitioners they caused to sent a reply notice to the respondent’s counsel. In that notice it was sated as follows:

“My clients say that after the marriage your client was living at her house as well as at my clients’ house. After six months of their marriage disregarding all her conjugal duties your client came into contact with one Asheraf, who is her neighbour at the connivance of your client’s mother. My clients state that she is still having an illicit s*xual laison with him. The said Asheraf is a regular visitor of your client’s house. My clients say that they are having all the evidence to prove your client’s s*xual contacts with the said Asheraf. Your client’s mother was trying to obtain divorce from my client Basheer by resorting any means. Your notice itself is also caused to be sent as  a device to obtain divorce from my client attributing false allegations against my clients. There is no scintillia of truth in those allegations.”

The above contents of the notice is defamatory to the respondent. Hence she filed a private complaint before the Judicial First Class Magistrate Court. In support of the complaint she gave sworn statement. On the basis of the averments in the complaint and the sworn statement learned Magistrate took cognisance of the complaint for offence under S.500 of the Penal Code. Summons was issued to the petitioners. They have come up praying for quashing the proceedings in exercise of the powers under S.482 of the Code of Criminal Procedure.

2   . The main argument advanced by the learned counsel representing the petitioners is that the ingredients of S.499 IPC are not brought out in the case. In the sense that petitioners have not published any defamatory material, bringing down the reputation of the respondent. Publication, if at all was made, was by the respondent/ complainant herself. On account of such publication if her reputation has been lowered in the estimation of others she alone is responsible for it and petitioners cannot be made liable under S.500 of the Penal Code.

In this matter it is not advisible to file any case until and unless the competant Court desides that you are not involved in such things.

no you cannot

Yes madam is right since not proved is not proved false , when the case if proved false than only you can file defamation. Try to visualise the defference between the two.