Process to file a Defamation Suit Across States
7 months ago
My neighbour (Female) has abused and pushed me to the ground in May'23 and tried to instigate me to either hit her or abuse her but I did not do anything of sort. Within 2 days she approached a Police Station to file a FALSE FIR against me and my family that we physical assaulted and abused her, threatened to kill her and HER KIDS recorded everything over phone. Ofcourse, all those were lies and she wasn't able to produce any evidence so her FIR was not registered BUT in June'23 we approached the nearest police station and got a NCR registered against her as per IPC 323 and 504 because we had all the evidence and CCTV footage of her aggression on me. This incident happened in Gwalior, MP but I live in Delhi.
Now, same female neighbour has put out a news article claiming we threatened and abused her and again repeated all her false claims and named all my family members in the newspaper published in Gwalior, MP.
Can I file a Defamation suit against her and ask for compensation for damaging my image and reputation ? Can I claim for any amount above 50 lakhs or any jail term as well ?
And the biggest question ? Can I file this case in DELHI and not in Gwalior ?
Defamation laws can vary significantly from one place to another.
Regarding your situation:
Defamation Suit: You may have grounds to file a defamation suit if someone has made false statements that harm your reputation. Defamation includes both slander (spoken defamation) and libel (written defamation). Since the neighbor published a false news article, it could be considered libel.
Compensation: In a defamation lawsuit, you can typically seek compensation for the harm to your reputation, any financial losses you've suffered as a result of the defamation, and in some cases, punitive damages. The amount you can claim as compensation will depend on various factors, including the extent of the harm caused.
Jurisdiction: In general, defamation cases can be filed in the jurisdiction where the defamatory statement was published or where the defendant resides. In your case, since the publication occurred in Gwalior, MP, you may have a stronger case if you file the suit there.
Criminal Defamation: In India, defamation can be both a civil and a criminal offense. If you believe the neighbor's actions were malicious, you could consider filing a criminal defamation complaint. However, criminal defamation laws are separate from civil defamation laws.
Consult an Attorney: To pursue a defamation case, consult with an attorney who specializes in defamation law in India. They will be able to assess the specific details of your case, advise you on the best course of action, and help you understand the potential outcomes.
Keep in mind that defamation cases can be complex and require strong evidence to establish your claims.
Thank you.