April 27, 2024

Defamation has grown into an entirely different challenge in today’s interconnected society, where information spreads like wildfire via a wide range of social networking sites and online platforms. Whether it requires the form of libel or slander, defamation may adversely affect an individual’s credibility, career, as well as private life. In such circumstances, pursuing legal action becomes crucial to establishing justice in the context of unjustified assaults, as well as for protecting one’s integrity.      

defamation ipc: About

  • A false statement that harms someone’s reputation is referred to as defamation. It is also seen as a claim that damages someone’s reputation and has a baseless, deceptive, and frivolous basis. According to defamation under ipc, a person’s reputation is their property and is handled the same as their physical attributes.
  • The Indian Penal Code, 1860 (IPC) covers defamation acts under Section 499 and punishes defamation punishments under Section 500.

defamation case law

  • In the case of Ram Jethmalani v Subramanian Swamy, the plaintiff’s comment, according to the court, is unrelated to the case and immaterial. This demonstrated the defendant’s malice, and the court found him responsible for defamation and awarded the plaintiff damages of Rs. 5 lacs.
  • In the case of Knupffer v London Express Newspaper Ltd, it was decided that a reference to a class of individuals or a large number of persons in an article cannot be interpreted as referring to a single individual. The reason for this is that it might be quite challenging to establish whether or not the appellant was mentioned in the defamatory sentence in such a situation. The responders were thereby absolved of liability.

file defamation lawsuit: How to Write?

  • Enumerate every lie that has been said about you.
  • Explain how the comments have harmed your reputation.
  • Give evidence to support the claims you have made.
  • Recall the remarks and demand an apology or withdrawal from the person who made them.
  • To ensure that your complaint is valid, get legal counsel.

Filing a Defamation Case: Procedure

  • A written complaint, also known as a plaint, is submitted to the court with the plaintiff’s statement that all the material is true, the court’s name, the nature of the case, and the names and addresses of the parties involved.
  • Depending on the circumstances of each case, a procedure charge of Rs. 25 and a necessary court cost of Rs. 10 must be paid.
  • The hearing is the next stage. On the first day of the hearing, the court decides whether or not the plaint contains a substantial matter. A formal notice is delivered to the defendants if it does. The plaintiff has seven days from the date of notice to provide the necessary documentation in the defamation case.
  • Processing fee
  • The plaint in two copies
  • The following step is to submit written statements, which are done as soon as the parties obtain notice of the next appearance. It must include the defences made in response to the allegations and the defendants’ own confirmation. The notification period is thirty days, but in extraordinary circumstances, you may have up to ninety days to submit it.
  • Replication, the plaintiff’s answer to the written statement the defendant filed, must be submitted. It is considered that the pleading is over at this point.
  • The court then frames the issues, which is the following stage in the lawsuit for defamation. Within fifteen days, the parties must file the list of witnesses.
  • The parties may choose to summon the witness directly, or if the court so decides, it may do so.
  • The witnesses are cross-examined on a designated date, and the court sets the date of the final hearing.
  • A certified copy of the final order and the order made after the final hearing are both provided by the court.
  • In the event that the parties to the litigation are not satisfied with the decision, they have the following options:
  • Appeal
  • Reference
  • Review

file defamation case online

Ways to file a case for defamation online are:

  • Even if submitting documents online has become popular, it is still very recommended to speak with a lawyer who handles defamation matters.
  • Sending a cease-and-desist letter to the person who made the defamatory remarks can be beneficial.
  • It could be time to file a lawsuit if the defamatory material continues to exist and all other attempts to remove it have failed.
  • Learn about the particular online court filing process in the applicable jurisdiction and become acquainted with the steps involved in bringing a defamation lawsuit.

defamation case ipc: Exceptions

  • If the public is the intended audience for the statement.
  • If the criticism of the public servant’s behaviour is made in a sincere attempt to discredit him.
  • Actual outcomes of the legal proceedings
  • Censure imposed by legal authority
  • Any legitimate authority levelled accusation made in good earnest
  • If the declaration is made in bad faith to safeguard one’s own interests.

A civil wrong known as defamation occurs when someone’s individual rights are violated. Defamation remedies include civil remedies wherein the plaintiff receives damages, or criminal remedies wherein the accused faces up to two years of simple imprisonment, a fine, or both.

Filing a Defamation Case FAQs

  1. What is the limitation to file defamation case?

Defamation is a compoundable, non-cognizable, and bailable offense under criminal law. The three-year statute of limitations applies to filing a criminal defamation complaint after learning of the offense. The Indian Penal Code (IPC) covers criminal defamation under sections 499 and 500. The civil remedy is to file an action for damages.

  • What are the evidence required for defamation case?

The plaintiff bears the burden of proof in a civil defamation lawsuit, having to show that the defendant made false remarks that damaged their reputation. In civil defamation lawsuits, the plaintiff is usually given monetary damages that are meant to make up for the harm they have suffered.

  • What must be proven to win a defamation case?

Generally speaking, in order to establish defamation, you have to demonstrate that a false statement about you was made to a third party and that the statement hurt you.

  • In which court defamation suit can be filed?

According to Section 19 of the CPC, the plaintiff must file the plaint in the civil court in order to initiate a civil litigation. In this manner, a defamation lawsuit might be brought in the nation.

  • Is legal notice mandatory in defamation case?

It is usually requested in conjunction with a defamation lawsuit seeking damages. Although it is customary to submit prior legal notice in civil defamation actions, the data provided does not specifically address this practice. Nonetheless, prior to filing a civil lawsuit, the plaintiff should send a legal notification.

  • Is defamation case hard to win?

Although it can be difficult, winning a defamation lawsuit is achievable with the correct legal counsel. Avoid letting untrue claims harm your reputation.

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