Is it Defamation
2 years ago
If somebody enquired about my character in society with many people and out of this if those people look at me suspiciously and think like I've really done something immoral. All this, is causing damage to my reputation and suffering me a lot, can I file a defamation case against the people who enquired about my character publicly?
What if they say, they just enquired and said no bad words on their own?
If this incidence (enquiry) has happened 2-3 years back, can I still file a defamation suit?
Can we say that because we were unaware of the enquiry then & now we came to know and so it's hurting my reputation, hence I filed the suit now.
What would be the procedure to start with and next steps to be followed?
1) Defamation cases are of two types, criminal and civil.
2) In Civil defamation, a mala fide intention to defame is not always necessary. If defamation is caused, thenbsuit lies. Court fees are required to be paid as per value of damages caused to reputation.
3) Criminal defamation must, in addition, contain some deliberate malice or malafide intention, to cause damage to reputation of someone.
Here, court fees are NOT required at The level of a civil case.
At the end of case, court punishes offender if defamation is proved.
3) In civil defamation case, at end of case, court awards damages to compensate loss to reputation if defamation is proved.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
The CrPC provides a limitation period for initiating a criminal action for defamation. Section 468 of the Code provides a three-year time limit for filing such complaint. Therefore in your case it can be well within the defined time period. You should hire a lawyer and start collecting evidence.
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Section 499 of the Indian Penal Code, 1860 (IPC) states that any person whose reputation has been damaged (or was intended to be damaged) by the material in question has the right to sue for defamation. You may file an FIR first and then proceed accordingly with the help of a lawyer.
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