What is the difference between civil and criminal defamation? What is the difference between civil and criminal defamation?

2 years ago

1. In India is defamation both a criminal and civil law? If it is, why is it so,
2.And what section of the Indian Penal code states it as such.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Both are different. Under Section 499 and 500 of Indian Penal Code and you can file criminal defamation case wherein the Accused will get punishment and fine but you may not get any compensation. On the other hand in the civil defamation case you have to claim compensation and pay Court fee on such amount claimed.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Criminal case me punishment ka provisions hai.
Civil case me economic punishment hota hai.
Civil case me jo claim karke aate hai us par court fees paid karna padata hai.
Criminal case me koi court fees paid nhi karni padati hai.
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Anik

Responded 2 years ago

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A.Hello
1. In India defamation is both a criminal defamation and a civil defamation. The remedy for civil defamation is stated under the Law of Torts. In a civil defamation case, the person who is defamed can move either to the High Court or subordinate courts and seek damages in the form of monetary compensation from the accused. Also, under sections 499 and 500 of the Indian Penal Code, a person guilty of criminal defamation can be sent to jail for two years.
2. Criminal defamation has been defined under section 499 of Indian Penal Code and the punishment for the same is given under section 500.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.hello
The defamation is of both type criminal defamation and civil defamation. It's the choice of the person who was defamed either to go to a civil court or to criminal court. In civil court he could ask for injunction and compensation for damages. On the other hand if you go to criminal court you could ask to criminally held liable the person the defaming you. You could go to a criminal court under section 499 and 500 of IPC.
And section 500 of IPC defines punishment for the same.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Yes in India defamation is both civil and criminal and they are treated differently by the courts. If you defame me for example then I have the option of going against you either to a civil court or to a criminal court to defend my rights against the defamation. If I go to civil court I shall file a case for defamation and seek two things; 1) Injunction order from court asking you to stop doing what you are doing 2) compensation for the damages that I have suffered because of it.
If I go to Criminal court (by lodging a complaint to police under Section 499 and 500) then after trial you shall be punished by the court.


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Section 499 in The Indian Penal Code
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, to 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. Illustrations

Section 500 in The Indian Penal Code
500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.Yes it can be both. it is civil and criminal depending on what course of remedy you want to adopt. Also the exceptions and level of proof are different in civil and criminal defamation. under section 499 IPC the criminal defamation has been defined.
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