Defamation - offensive msgs about third persons Defamation - offensive msgs about third persons

1 year ago

Respected sir,

Here is a brief of my case



Actually there is a guy in my society. He had sent me offensive (sexually exploiting) msgs about third persons.
Being a responsible citizen, first I spoke to his wife, and his parents,

They used to threaten my dad that they will file police complain due to which I was not confident on taking action on them as my father suggested me to step back as they frightened my family.

Consequently they didn't take any action instead intelligently framed derogatory statements on my name and my family defaming us.
Then I tried to contact concerned persons about whom msgs were sent to me. They filed police complain on the culprits. There also they filed derogatory statements Saying made those chats using some tool.. when in fact it was sent to me by that guy..

Police came at my home to inquire.. but as they had intelligently framed derogatory statements.. I faced loss of reputation.. Defamation and disrespect ..and continuing..
(In front of neighbour's, society residents..etc)
And there also whole family of culprit smartly saved themselves create false statements about me saying I made false chat screen but in fact it was sent to me by main culprit.

Now the biggest thing is Police also helped culprit and his family coz they were known to PSI at my jurisdiction.

And I and my family are still suffering loss of reputation and main culprit is enjoying respect .
How can I come out of all this and get back my family's respect in legal way?

Please suggest...
Best possible way, where I can raise my voice against the wrong happening n get back respect.
I being innocent had to loose respect..
Hope you will help me out in with best suggestion.

Thanking you

Anik

Responded 1 year ago

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A.Dear client, Sorry that you are going through this. A person whose reputation has been harmed by another person can either file a civil suit or initiate a criminal proceeding against the person. A person can file a civil suit under Section 19 of the Civil Procedure Code, 1908 (CPC) which includes within it any civil wrong done to a person. However, it does not mention the word defamation, but as mentioned under the law of tort, defamation is a civil wrong where the personal rights of an individual are infringed. It is a well-known fact that the law of torts is not a codified law in India, and as such, there is no specified procedure to file a civil suit for damages. The judge decides the compensation on the grounds of equity, justice, and good conscience, mostly depending on the precedents having similar facts and circumstances. Thus, the procedure for filing a civil suit is as follows:

- Order 7 of CPC mentions the filing of a civil suit and so a suit for defamation can be filed under this.
- The complaint can also be filed under Section 200 of the Code of Criminal Procedure, 1973.
- In civil cases, the parties to the suit are the plaintiff and the defendant.
- The cases that are of civil nature, must be filed in the civil courts.
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