defamation case under civil and criminal proceedings

A.P.Rajagopal (Querist) 01 February 2010 This query is : Resolved
MY FRIEND HAD BEEN BOOKED UNDER PONDICHERRY EXCISE ACT AND CHARGESHEETED AND ACQUITTED IN THE CASE. THIS BEING DONE BY DEPUTY COMMISSIONER EXCISE UNDER SOME PRESSURE AND WE WOULD LIKE TO SUE THE IO FOR DEFAMATION IN CIVIL AND CRIMINAL PROCEEDINGS. KINDLY HELP REGARDING THE PROCEDURE TO BE ADOPTED.

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niranjan (Expert) 01 February 2010
You can fil suit for damages for malicious prosecution.You can also file criminal complaint for defamation.

Parveen Kr. Aggarwal (Expert) 01 February 2010
Mere registration of a case at the instance of an officer does not make him liable for defamation. Section 499 of the Indian Penal Code defines defamation as: "Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person".

Explanation 1-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3-An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

So, publication is sine qua non for commission of offence of defamation.

However, you may sue him for malicious prosecution as suggested by Niranjan in casee the court has given a finding that the case was false.

Raj Kumar Makkad (Expert) 01 February 2010
No case for defamation can be filed against any public officer in the given circumstances as barred under explanations attached with section 499 IPC (related to defamation) however you can file damages for malicious prosecution against all persons involved in the process of filing case against you.