Can I file defamation suit?

A.Dear Sir,
You are not the recognized broker and any dealings in financial matters by him is itself illegal and subsequent results or of no consequence. In this background you may get issue a strong legal notice to proceed against him to file following defamation cases.

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.
Difference between Criminal and Civil Defamation
Next to life, what man cares most about is his/her reputation.Defamation means the offense of harming a person’s fame, character, or reputation by using false and malicious statements. Generally, defamation requires that there is a false publication about the defamed person without his/her consent. Unlike many countries in the West and near home, such as Sri Lanka, defamation in India is both a Civil and a Criminal offense.
Defamation as a Tort or a Civil Offence
Civil Defamation under the Law of Torts focuses mainly on libel (i.e., written defamation) and not on slander (i.e., spoken defamation). An interesting aspect of Civil Defamation or defamation as a tort is that it is only wrong if it is of a nature that harms the reputation of a person who is alive. In most cases, it translates to saying that a deceased person cannot be defamed, since as a general rule, the person defamed must be able to prove that the defamatory words referred to him/her. To establish that a statement is defamatory or libelous, it must prove to be:
1. False,
2. Written,
3. Defamatory, and
4. Published
Defamation as a Crime or a Criminal Offence
Defamation is defined as a criminal offense under Section 499 of the Indian Penal Code,1860. It is the act of communicating something negative or damaging about the second party and implying that it is true when it is false in reality. This communication may be verbal or written and applies to any form of media. The second party may be one individual, a group of people, a business, or an organization.

The types of insult may also be known as Slander or Libel. A slander is a form of defamation that is communicated verbally. Libel, on the other hand, is that form of insult which is represented in a pictorial or a written form.
Essentials of Defamation
There are 3 main essentials of Defamation in India. These have been stated below:
1. Defamation can be caused through words, signs, or visible representations.
2. The words, signs, or visible representations are either published or spoken accusations relating to some personal cause defamation.
3. If the content is spoken or published with the intent to cause harm to the reputation of the person it concerns, or the knowledge that it is likely to cause harm to the reputation of the person it concerns to.

Essentials of Defamation
There are 3 main essentials of Defamation in India. These have been stated below:
1. Defamation can be caused through words, signs, or visible representations.
2. The words, signs, or visible representations are either published or spoken accusations relating to some personal cause defamation.
3. If the content is spoken or published with the intent to cause harm to the reputation of the person it concerns, or the knowledge that it is likely to cause harm to the reputation of the person it concerns to.
Defenses available against Defamation
There are various defenses available against defamation in India are:
1. Justification by truth: A written or a spoken statement that is authentic and true to its facts doesn’t qualify to be defamatory.
2. Fair and Bonafide comment: A comment or a statement is not defamatory if it is fair in the matter of public interest.
3. Absolute Privilege: This defense gives an absolute right to make the statement even if it is defamatory. The defamatory statements with the absolute right are made during judicial proceedings, by government officials, by legislators during debates in the parliament, during political speeches in the parliamentary proceedings, and during communication between spouses.
4. Qualified Privilege: When the person making the statement has a legal, moral or social duty to make it and the listener has an interest in it, the qualified privilege is allowed.
5. Statement of Opinion: If the statement made is an opinion and not a fact then it can’t be defamatory.
6. Consent: A statement is not defamatory if it is made with the permission or consent of the person to who it concerns.
7. The accusation made in good faith to the authorized person: An accusation against a person in good faith who has lawful authority over that person doesn’t amount to defamation.
Difference Between Criminal and Civil Defamation
Civil Defamation is governed by civil law and the person defamed can seek a remedy in the High Court or the Trial Court and seek damages in the form of monetary compensation from the accused.

On the other hand, the Indian Penal Code gives an opportunity to the defamed person to file a suit in a criminal court where if the charges against the accused are proved, he/she gets a punishment to serve in the Jail. It is a bailable, non-cognizable, and compoundable offense, which means no police can register a case and start an investigation in this case without the permission of the Court.
Punishment for Defamation
According to Section 500 of the Indian Penal Code,1860, punishment under the criminal law for criminal defamation may be a simple imprisonment which may extend to 2 years or imposition of a fine or both.

Whereas punishment for civil defamation, usually, amounts to the payment of compensation for the damages caused to the aggrieved by the accused.



Why do youneed a Lawyer in such matters?
If you are charged under defamation laws, it is advisable to approach a defamation lawyer. Sincedefamation is also considered a criminal wrong in India, if convicted by the court in such cases, the person can even face jail time. A lawyer can represent you in court and provide defenses for any such charges. If you are defamed by any other person, you can approach a good lawyer .
Differences Between Defamation, Slander, and Libel
Being wronged or misrepresented is never pleasant, but not all insults are created equally.
Defamation, slander, and libel are terms that frequently confused with each other. They all fall into the same category of law and have to do with communications that falsely debase someone’s character.
What Is Defamation?
Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. An example is “Tom Smith stole money from his employer.” If this is untrue and if making the statement damages Tom’s reputation or ability to work, it is defamation. The person whose reputation has been damaged by the false statement can bring a defamation lawsuit.
Related: Can You Be Sued for Sending an Email?
Defamation of character happens when something untrue and damaging is presented as a fact to someone else. Making the statement only to the person the statement is about (“Tom, you’re a thief”) is not defamation because it does not damage that person’s character in anyone else’s eyes
Legal Difference Between Opinion and Defamation
There is an important difference in defamation law between stating an opinion and defaming someone. Saying, “I think Cindy is annoying” is an opinion and is something that can’t ever really be empirically proven true or false. Saying “I think Cindy stole a car” is still an opinion but implies she committed a crime. If the accusation is untrue, then it will defame her. This is why the news media is so careful to use the word “allegedly” when talking about people accused of a crime. This way they merely report someone else’s accusation without stating their own opinion.
What Is the Difference Between Slander and Libel?
Libel and slander are both types of defamation. Libel is an untrue defamatory statement that is made in writing. Slander is an untrue defamatory statement that is spoken orally. The difference between defamation and slander is that a defamatory statement can be made in any medium. It could be in a blog comment or spoken in a speech or said on television. Libelous acts only occur when a statement is made in writing (digital statements count as writing) and slanderous statements are only made orally.
You may have heard of seditious libel. The Sedition Act of 1798 made it a crime to print anything false about the government, president, or Congress. The Supreme Court later modified this when it enacted the rule that a statement against a public figure is libel only if it known to be false or the speaker had a reckless disregard for the truth when making it.
Damages for Defamation
Suing for slander, libel, or defamation brings a civil suit in a state court and alleges that under the slander laws or libel laws of that state the person who brought about the lawsuit was damaged by the conduct of the person who made the false statement. A libel or slander lawsuit seeks monetary damages for harm caused by the statement, such as pain and suffering, damage to the plaintiff’s reputation, lost wages or a loss of ability to earn a living, and personal emotional reactions such as shame, humiliation, and anxiety.
Defending a Defamation Case
If you are accused of defamation, slander, or libel, truth is an absolute defense to the allegation. If what you said is true, there is no case. If the case is brought by a public figure and you can prove you were only negligent in weighing whether the statement was false, that can be a defense as well.
Defamation is an area of law that protects people’s reputations by allowing them recourse if false statements are made about them. This type of civil case is an effective way to protect your reputation.