A.Dear Client,
A person aggrieved by defamation has a right to proceed both in the civil Court as well as in the criminal Court. He can take either one or the other or both courses. Law does not debar him from enforcing civil and criminal rights at the same time. In India, defamation is categorized as either criminal or civil, and both types are covered by the Indian Penal Code (IPC) and the Code of Civil Procedure (CPC). In Civil Defamation, a person who is defamed can move the competent Court having pecuniary jurisdiction and seek damages in the form of monetary compensation. Under Section 19 of the Civil Procedure Code (CPC), a civil suit can be filed either where the Defendant resides or where the Defamatory statement was made/published. A defamation of a criminal nature has been codified under Sections 499 and 500 of the Indian Penal Code 1860 and to file a criminal suit under this Section, a person must have made an imputation about another person with either an intention, knowledge, or reason to believe that such an imputation will harm the reputation of the said person. Under criminal defamation, individuals can be charged with an offense punishable by imprisonment for two years or a fine. As per the Limitation Act, there is a limitation period of one year for filing a civil defamation suit and the limitation to file a criminal defamation complaint is 3 years from the period of knowledge of offense.
A person aggrieved by defamation has a right to proceed both in the civil Court as well as in the criminal Court. He can take either one or the other or both courses. Law does not debar him from enforcing civil and criminal rights at the same time. In India, defamation is categorized as either criminal or civil, and both types are covered by the Indian Penal Code (IPC) and the Code of Civil Procedure (CPC). In Civil Defamation, a person who is defamed can move the competent Court having pecuniary jurisdiction and seek damages in the form of monetary compensation. Under Section 19 of the Civil Procedure Code (CPC), a civil suit can be filed either where the Defendant resides or where the Defamatory statement was made/published. A defamation of a criminal nature has been codified under Sections 499 and 500 of the Indian Penal Code 1860 and to file a criminal suit under this Section, a person must have made an imputation about another person with either an intention, knowledge, or reason to believe that such an imputation will harm the reputation of the said person. Under criminal defamation, individuals can be charged with an offense punishable by imprisonment for two years or a fine. As per the Limitation Act, there is a limitation period of one year for filing a civil defamation suit and the limitation to file a criminal defamation complaint is 3 years from the period of knowledge of offense.
Helpful
Helpful
Share
A.Dear Client,
Yes, defamation cases can be filed under both civil and criminal law. Defamation is considered a tort in civil law, where the aggrieved party seeks compensation for damage to reputation. In contrast, it is also a criminal offense in many jurisdictions, allowing for the initiation of criminal proceedings against the alleged defamer.
Yes, defamation cases can be filed under both civil and criminal law. Defamation is considered a tort in civil law, where the aggrieved party seeks compensation for damage to reputation. In contrast, it is also a criminal offense in many jurisdictions, allowing for the initiation of criminal proceedings against the alleged defamer.
Helpful
Helpful
Share
Read Related Answers
Shoddy work by Interior - Civil Contractor
Dear Client,
Firstly, you need to send a legal notice to the concerned civil contractor and demand to repair the damages. If the contractor does not respond to the notice, you can file a consumer com...
Lost money from Escort fraud
Dear Client,
Human trafficking is a criminal offense and those who are involved in the crime are considered criminal under law and are punished with rigorous imprisonment for a term which shall not be...
my name in fir as withenss
Dear Client,
Yes, it's possible to file a petition for the quashing of an FIR (First Information Report) in court if your name has been included as a witness and you believe that the FIR is false, f...
First time drink and drive what would be probable penalty
Dear Client,
According to Section 185 of the Motor Vehicles Act, 1988 driving under the influence of drugs or alcohol is a criminal offense. The first offense is punishable with imprisonment of up to...
I want to file case against my boyfriend
Dear Client,
You can file a case under sec 376 of IPC for sexual harassment along with sec 375 and 416 and 420 for cheating. Additionally you can also file a case under sec 305 and 306 for abetment t...
Read Blogs on Criminal
Criminal Lawyers
Find Lawyers by Location
